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.
Accomodations Require Evidence
Regulators frequently deal with accommodation issues related to a registrant experiencing disabilities. The issue can relate to procedure (e.g., requests for extensions and adjournments) and
Another Option to Prevent Harassment of Regulatory Staff
The harassment of the staff of regulators has become a major issue in recent years. The genesis of such harassment varies, but has included opposition
Use of Unconventional Procedures
Physician regulators have historically struggled with the question of whether to restrict or sanction non-traditional activities by their registrants. In fact, in Ontario, the enabling
Unanswered Questions
Every now and then there are cases raising important legal and regulatory issues in which the decision does not satisfactorily address the concerns. College of
Leeway
There are certain core principles for tribunals when they write reasons for their decisions. The bad news is that it is easy to violate those
Understanding Retrospectivity
A good way to watch someone’s eyes glaze over is to discuss the concept of retrospectivity of legislation. However, the concept is an important one
Respond to the Arguments
Courts give deference to the credibility findings of discipline panels and will only interfere where there is palpable and overriding error. One form of palpable
Sanctioning Guidelines
An Alberta judge’s comments on the need for courts to develop sentencing guidelines in criminal matters may have application for professional regulators. In R v
Four Takeaways for Four Participants
A Divisional Court of Ontario decision has at least four learning points for four of the participants in a discipline matter: Deokaran v. Law Society