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.
Quashing an Investigation
In what circumstances can a regulator be required to stop an investigation? That issue came up in Morabito v. British Columbia (Securities Commission), 2022 BCCA
Single Act, Double Fault
A basic principle is that a person should not be punished twice for the same fault. However, that principle tends to be applied quite narrowly
More Ambiguity on the Impact of Bankruptcy on Disciplinary Sanctions
In Alberta Securities Commission v Hennig, 2021 ABCA 411 (CanLII), https://canlii.ca/t/jl93g, Alberta’s highest court took a narrow view as to when disciplinary sanctions of a
Sexual Harassment and Assault in Health Care
The Professional Standards Authority (PSA), the oversight body for health and social care regulators in the UK, has recently published a reflective blog on its
Ought to Have Known
A common legal phrase is that an individual “knew or ought to have known” of certain events. In discipline matters, intentional misconduct generally attracts a
Is there a Role for Whistleblowers Who Disclose Highly Confidential Information?
Regulators safeguard highly confidential information in two respects. The first is within the administration of their own operations where there is typically a significant duty
Preliminary Screening Out of Complaints
One increasingly popular mechanism for regulators to allocate resources and avoid subjecting registrants to unnecessary stress is to decline to investigate complaints that are frivolous,
Access to Crown Disclosure Briefs
A recent Alberta case reaffirms that regulators with the authority to compel information from registrants can require a registrant to give the regulator a copy
Tips to Assessing Credibility
One of the most difficult tasks for a discipline panel is assessing the credibility of witnesses, particularly in sexual misconduct cases where most of the