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.
Unanswered Questions
Every now and then there are cases raising important legal and regulatory issues in which the decision does not satisfactorily address the concerns. College of
Leeway
There are certain core principles for tribunals when they write reasons for their decisions. The bad news is that it is easy to violate those
Understanding Retrospectivity
A good way to watch someone’s eyes glaze over is to discuss the concept of retrospectivity of legislation. However, the concept is an important one
Respond to the Arguments
Courts give deference to the credibility findings of discipline panels and will only interfere where there is palpable and overriding error. One form of palpable
Sanctioning Guidelines
An Alberta judge’s comments on the need for courts to develop sentencing guidelines in criminal matters may have application for professional regulators. In R v
Four Takeaways for Four Participants
A Divisional Court of Ontario decision has at least four learning points for four of the participants in a discipline matter: Deokaran v. Law Society
Another Unfair Investigation
Courts give significant deference to the investigative choices of regulators. However, twice in just over one month, Ontario’s Divisional Court has found a regulator’s investigation
Has Vavilov Made a Difference?
The Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (CanLII), [2019] 4 SCR 653 fundamentally altered
Police Check Requirements
Many regulators require applicants for registration (and sometimes even current registrants) to obtain a police check to ensure their suitability to practise the profession. A