Regulation Pro Blog

Welcome to the Regulation Pro Blog. SML’s blog contains brief discussions of court decisions and other developments in professional regulation, with one or two new posts per week. Explore our catalogue below or on CanLII.

Please note that the information contained in Regulation Pro is not intended to be legal advice and is not intended to be acted upon. The information contained herein is intended for general information and educational purposes only.

Targeting Regulatory Staff Is Costly

Applicants for registration often become frustrated when the regulator probes into areas of concern relating to their professional suitability (sometimes called “good character”). In Howell

Read More »

Standoff

In registration matters, regulators often ask for additional information to support the application. Often the application is considered incomplete until all of the requested information

Read More »

Applicants with a Criminal History

There has been increasing scrutiny of the fairness of registration requirements based on the criminal record of applicants. To address that concern, many regulators conduct

Read More »

Getting Technical

In 1979, Ontario’s Divisional Court said that an allegation of professional misconduct “is not in the form of [a criminal] indictment and it should not

Read More »

Who Should Go?

When there is a concerning connection between counsel to a party in a proceeding and the adjudicator, who should step aside? In Whearty v. Ontario

Read More »

Relational Bias by Adjudicators

An adjudicator’s exploration of personal opportunities with a participant in a pending case before them can constitute an appearance of bias. Typically, this occurs where

Read More »

Publishing Findings Pending Appeal

Balancing a regulator’s duty of transparency against a registrant’s interest in privacy can often be challenging. Perhaps none would be more daunting than the balancing

Read More »