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.
Playing Chicken with Adjournments
For regulators, one of the more frustrating aspects of the discipline process is when a registrant asks for repeated and extended deferrals of discipline hearings
Muted Modernization for the Regulation of BC Legal Practitioners
The move in British Columbia to modernize the regulation of legal practitioners has run into significant opposition by advocates for the independence of legal professionals,
Sexual Innuendo on TikTok is Unprofessional
Regulators can act when registrants engage in sexual innuendo on TikTok, at least when the postings relate to their practice, and they are health practitioners.
The Business Did It
Business structures for registrants are quickly evolving in many sectors. Accountability for registrants is sometimes disputed where only the individuals, and not the business entities
A Suspension Is a Suspension
Ontario’s Divisional Court has upheld a finding that a registrant engaged in professional misconduct by trying to circumvent the impact of a suspension. In Casella
Imputing Bias by Independent Legal Counsel to the Tribunal
Can independent legal counsel (ILC) for a discipline hearing tribunal create an appearance of bias for the tribunal itself? In Power v. Association of Chartered
Couldn’t Disagree More
Can a regulator make a finding of professional misconduct against a registrant based largely on the evidence of a witness who has a strong motivation
Competence is Not a Defence
It is not a defence to an allegation of illegal practice that one provides excellent services. In College of Dental Technologists v. Ahmed, 2024 ONSC
Duty to Cooperate Immediately
The message from Ontario’s highest court to regulated professionals under investigation is to cooperate first and ask questions later. In College of Physicians and Surgeons