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.
Reverse Engineering Not Allowed
The Ontario Divisional Court continues to apply strict limits to any departure from a joint submission in discipline cases. A discipline panel may only reject
Disciplining Indigenous Practitioners
In criminal law, courts are required to apply the Gladue principles to defendants who identify as Indigenous. This duty requires courts to consider the impact of colonization
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).
Deliberative Secrecy for Tribunals Reinforced
Since the decision of Agnew v Ontario Assn. of Architects (Div. Ct.), 1987 CanLII 4030 (ON SC), the principle of deliberative secrecy has been applied to tribunals.
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
Use of Illegally Obtained Information by Regulators
What should a regulator do when provided, illegally, with unsolicited information of registrant misconduct? A recurring example for regulators relates to information obtained during the
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
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
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