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.

Not “Bogging Down” Investigations

Yet another court has emphasized the minimal nature of procedural requirements for regulatory investigators requiring cooperation from registrants and witnesses: Brar v. British Columbia (Securities

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Respecting the Rules

Hearing tribunals can make rules of procedure for parties to follow. While tribunals sometimes consult on changes to their rules, they alone have the authority

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Real and Substantial Connection

It is generally accepted that regulators have authority over the conduct of their registrants regardless of where that conduct occurs. What is less clear is

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Obstruction by Retaliation

The expression that the best defence is a good offence does not necessarily apply in the professional regulation context. In Bégin v. Chartered professional accountants (Ordre

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The 25,000 Page Brief

When an unrepresented party files voluminous materials and makes lengthy arguments, regulators have a challenge in distilling the central issues. For example, in Fisher v.

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Deference and Decision Writing

When a medical regulator imposes restrictions on the registration of an anesthesiologist following adverse events, including concerns about inattention to patients and possible fabrication of

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Drawing the Line

Not every imprudent action by a registrant constitutes professional misconduct. At some point the conduct is “an understandable error” or “too trivial” to reach that

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