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 Other Side of Lauzon
Most of the attention in media and legal circles about the Ontario Court of Appeal’s decision in the Lauzon case will focus on the concept of judicial
Reasons for Decision Save the Day
Disciplinary tribunals are often hesitant to give extensive reasons, especially for credibility findings. Reasons are difficult to write at the best of times, especially for
Disqualifying a Board Member
As the “culture wars” become more frequent in Canada, regulatory Boards (sometimes called Councils) will not be immune from challenges to its authority. Difficult decisions
Reverse Engineering Not Allowed
The Ontario Divisional Court continues to apply strict limits to any departure from a joint submission in discipline cases. A discipline panel may only reject
Disciplining Indigenous Practitioners
In criminal law, courts are required to apply the Gladue principles to defendants who identify as Indigenous. This duty requires courts to consider the impact of colonization
Categorizing Misconduct
The concept that the definition of misconduct is important in discipline matters is illustrated by May v. Law Society of British Columbia, 2023 BCCA 218 (CanLII).
Deliberative Secrecy for Tribunals Reinforced
Since the decision of Agnew v Ontario Assn. of Architects (Div. Ct.), 1987 CanLII 4030 (ON SC), the principle of deliberative secrecy has been applied to tribunals.
Accessing Client Information
The rules for a health practitioner accessing a patient’s personal health information can be complex. In Ontario, those rules are mostly codified in the Personal Health
Use of Illegally Obtained Information by Regulators
What should a regulator do when provided, illegally, with unsolicited information of registrant misconduct? A recurring example for regulators relates to information obtained during the