Regulation Pro Blog

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.

Categorizing Misconduct

The concept that the definition of misconduct is important in discipline matters is illustrated by May v. Law Society of British Columbia, 2023 BCCA 218 (CanLII).

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Accessing Client Information

The rules for a health practitioner accessing a patient’s personal health information can be complex. In Ontario, those rules are mostly codified in the Personal Health

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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

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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

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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

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