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.
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
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