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.
Reinforcing Evidence
When can evidence that reinforces or confirms the foundational allegation be used by a regulator? In Hodge v. Registrar Real Estate and Business Brokers Act,
Registrant Working from Home Stymies Regulator
While regulators are often given search and seizure powers, they are rarely used. Generally, the authority to enter business premises without a warrant, the duty
Screening Committee Reasons for Decision
Committees that screen complaints and investigations do not make findings of wrongdoing or impose disciplinary sanctions. As such, a lower degree of procedural fairness is
Functional and Contextual
Courts use the reasons of discipline tribunals as the basis for their review of the disciplinary decisions. However, that is not to say that a
More Support for Compassionate Regulation
The dental regulator in the United Kingdom recently released a study it commissioned on its complaints and discipline process. The report is entitled: Experiences of
Resignation as an Alternative To Discipline
When facing serious allegations, registrants may offer to resign, (and sometimes undertake to never reapply), in return for avoiding a discipline hearing and a formal
Off-Duty Defence Is Off-Side
Registrants cannot avoid professional accountability by trying to separate questionable conduct from their professional practice. That is the message one can take from the decision
Governance Accountability
While the Board of a regulatory body is quite different from a municipal Council, some analogies can be made in terms of their governance responsibilities.
Limiting Duplicate Investigations
The office of the Patient Ombudsman was created to facilitate accountability for health care providers. The Patient Ombudsman (which is separate from the Ontario Ombudsman’s