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.
The Consequences of a Redo
Once a discipline decision is issued, it is final. Exceptions are rare. One exception is where the decision document contains a mistake and does not
Evolving Investigations
In addition to addressing a specific incident, complaints also often raise broader concerns. Similarly, the investigation of a specific concern can raise other issues entirely,
Systemic Discrimination and Sanction Mitigation
How should a registrant’s experience of racism, including while practising the profession, be considered when imposing a disciplinary sanction? That was the central issue in
Addressing Sexual Abuse – Tips from the UK
Over the last few years, the UK oversight body for health and social service professions, the Professional Standards Authority (PSA), has been doing significant work
A “Successful” Trip to Court
Regulators are often taken to court. One measure of success is where the regulator is vindicated on every legal ground raised. By that measure, the
A Handy Refresher on Restraining Unauthorized Practice
A recent Divisional Court decision provides a useful overview of the principles that apply to regulators wanting to restrain unregistered individuals from engaging in unauthorized
Show Your Work: Coming up with a Number
When it comes to crafting discipline sanctions, there is no simple formula – especially for determining the length of a suspension or the duration of
Guidance on Guidelines
Courts have repeatedly indicated that guidelines can assist regulators when they are exercising discretion. Guidelines can ensure that decision-makers are reminded of the considerations that
Incivility, and Sanctioning for It
At some point for most professions, rudeness can cross the line from simply being unseemly to constituting professional misconduct. For lawyers advocating fearlessly on behalf