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.

If It Quacks Like a Duck

No one engaging in the unauthorized practice of medicine can rely “on ‘weasel words’ to avoid accountability and gloss over the substance of what [they

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Let Me Count the Defences

There are many types of claims (called “causes of action”) that can be made against regulators. There are also several defences that regulators can raise

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Scope of a Restraining Order

Many regulators can ask a court to direct an unregistered person to stop performing controlled acts, using a protected title, or holding themselves out as

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Preventing Institutional Bias

Many regulators house the investigation, screening, prosecution, and adjudication of discipline matters within the same organization. Courts have consistently held that where such structures are

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The Public Confidence Debate

There is no doubt that regulatory decision makers should consider whether public confidence will be advanced by what they do. However, two recent Canadian appeal

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