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.
Immunity of a Regulator’s Expert Witness
Regulators frequently retain expert witnesses to assist them in evaluating complaints or concerns and in establishing a breach of standards or an allegation of incompetence
Disciplining an Employee of the Regulator
Regulators often have registrants on staff. Things can get complicated where the regulator disciplines a registrant staff member for their conduct while on staff. In
More Interim Order Guidance
Interim orders are rare protective measures that have been used more frequently in recent months. Yet another pandemic related case builds on the points made
Registrants Should Not Benefit from Obstructing Investigations
If a registrant faces a serious allegation, should they be able to achieve a reduced sanction by obstructing the investigation? In Chimistes (Ordre professionnel des)
Factors Permitting Infringement of Freedom of Expression
Regulators need to consider the freedom of expression rights of their registrants. However, regulators can infringe on those rights in a proportionate manner to achieve
Billing Practices, Costs, and Diverging Courts
For the most part, regulators give registrants some leeway in managing their billing practices, viewing them as a civil matter. However, where the billing is
Rudeness towards Coworkers
In recent years, regulators have more frequently addressed offensive behaviour towards colleagues and coworkers as serious professional misconduct. For example, in Ontario College of Veterinarians
Procedural Fairness in Negotiations
Complaints screening committees, unlike true adjudicative committees, sometimes directly engage in negotiations with registrants. For example, they might propose a remedial disposition, the acceptance of
The Impact of Non-Cooperation on Interim Orders
Issuing an interim order restricting or suspending a registrant’s ability to practise pending an investigation is an exceptional power for regulators of professions. Given the