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.
Four Lessons for Regulators
Those of us in the field of professional regulation tend (perhaps wrongly) to place more importance on court-level judgments than on tribunal decisions. While court-level
Accommodation and Proportionality
Two of the more challenging legal principles for regulators to apply are accommodation and proportionality. Accommodation, in the human rights sphere, refers to adjusting a
Opinion Evidence from “Employees with Expertise”
The law of expert opinion evidence has been in flux in recent years. A recent Ontario Divisional Court decision has provided some insight into an
The Effect of Offers to Settle on Discipline Hearing Costs
In civil litigation a party who achieves an outcome in court that is equal to or better than a previous offer to settle the proceedings
Standing on Principle?
It is an important principle that a person receiving disclosure in the course of an investigation or regulatory proceeding cannot use that disclosure for other
Notices of Meetings
The requirement to give notice of meetings in which policy issues will be discussed is not as rigorous as the requirement to give notice of
Careful How You Word Your Reconsideration Rules
Finality of disciplinary decisions is important for the regulator, hearing participants, and the public. The significance of that principle is illustrated in Tan v. Ontario
Read the Fine Print
Courts are increasingly interpreting regulatory legislation with its public interest purpose and intent in mind. However, the language of the provisions still matters, as was
The Residual Category
In discipline matters, abuse of process claims are generally premised on excessive delay and require prejudice to the registrant to result in a stay of