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
Registration Requirement Not Discriminatory
The regulatory world was stunned two years ago when Ontario’s Divisional Court struck down a registration requirement for certification of teachers. In part, regulators were
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
Balancing Public and Private Interests
A classic example of where courts must balance the public interest in competent and ethical practice against the private interests of registrants is when registrants
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
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
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.
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
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