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.
Enforcing Cooperation with Investigations
Regulators often enforce their registrants’ duty to assist with investigations by disciplining them for non-cooperation. However, regulators with a provision in their enabling legislation authorizing
Withholding Disclosure
In recent decades, procedural fairness generally requires disclosure to the parties of the information that is before the decision maker. Otherwise, it is challenging for
How Close is the Interest?
One of the most difficult fiduciary duties for board members is the obligation to avoid conflicts of interest. This is particularly challenging for board members
Evidence in Judicial Review of Examination Appeals
Wan v The National Dental Examining Board of Canada, 2019 BCSC 32 (CanLII), <http://canlii.ca/t/hwz7b> the Examining Board was permitted to file an affidavit from an
Geographical Jurisdiction over a Practitioner’s Conduct
Regulators often say that they have jurisdiction over a practitioner for their misconduct regardless of where it occurred. That proposition makes sense. The public is
Showing Respect
Most professions require their practitioners to show respect to their clients and colleagues. One of the central issues in Sullivan v. Ontario College of Teachers,
Investigative Powers of Regulators
A recent case further illustrates the trend by courts to give a generous scope to the investigative powers of regulators. In Fagbemigun v College of Physicians
The Precendential Effect of Emergency Exemptions
During the pandemic, many regulators enacted emergency exemptions from certain registration requirements driven by the need to ensure that services could continue to be provided.
Another Investigation Proceeds
There have been several reported cases where registrants have been unsuccessful in trying to prevent an investigation of their conduct by their regulator. The most