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.
Standing on Principle?
It is an important principle that a person receiving disclosure in the course of an investigation or regulatory proceeding cannot use that disclosure for other
Notices of Meetings
The requirement to give notice of meetings in which policy issues will be discussed is not as rigorous as the requirement to give notice of
Careful How You Word Your Reconsideration Rules
Finality of disciplinary decisions is important for the regulator, hearing participants, and the public. The significance of that principle is illustrated in Tan v. Ontario
Read the Fine Print
Courts are increasingly interpreting regulatory legislation with its public interest purpose and intent in mind. However, the language of the provisions still matters, as was
The Residual Category
In discipline matters, abuse of process claims are generally premised on excessive delay and require prejudice to the registrant to result in a stay of
Scrutinizing Sanctions
Discipline panels often must decide how to consider a registrant’s medical conditions or personal stress when imposing a sanction. Alberta’s highest court provided guidance on
Doré Applied
Regulators are required to respond proportionately when their public protection mandate involves imposing consequences on a registrant’s expression: Doré v. Barreau du Québec, 2012 SCC
In All the Circumstances
Clear and rigid rules are easiest to apply. For example, discipline panels would have an easier time if there was never a requirement to prove
Postpone for Parallel Proceedings?
Should a regulator postpone its investigations where the registrant is involved in a parallel proceeding addressing many of the same issues? In Bauhuis v Association