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
Controlled Acts and Criminal Offences
A senior osteopathic practitioner and instructor knew that performing an internal vaginal procedure was a “controlled act” that was not permitted to him under the
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
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
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
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
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
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
Complaining Against Complainants
Several court decisions indicate that a complainant enjoys a legal privilege when filing a formal complaint to a regulatory body and are immune from a