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.
Uncontested Submissions of Counsel
Ontario’s Divisional Court has again affirmed the deference shown towards disciplinary decisions on sanction (penalty). In Ontario (College of Pharmacists) v. Mourid, 2023 ONSC 1221
Procedural Fairness When Screening Complaints
There seems to be a flurry of cases recently on the procedural fairness requirements for committees that investigate and screen complaints. The most recent offering
Ideological, Cultural and Linguistic Discrimination
Ever since the mathematics proficiency test for Ontario teacher candidates was found to be discriminatory for racialized (and other, e.g., candidates whose first language was
Prejudice Not Required To Refuse an Adjournment
Refusing an adjournment is a tricky business for a regulator. Where a reviewing court determines that the adjournment should have been granted, the resulting hearing
Reconciling Open Court with Confidential Health Information
Courts have emphasized the importance of open hearings to Canadian society, which transparency includes prompt access to hearing exhibits. That public access sometimes results in
Adequate Investigations
Regulators investigate complaints. Many regulators investigate a lot of complaints. A recurring issue is how thorough those investigations need to be. Courts have repeatedly said
Quickly Correcting Missteps
Where a tribunal makes a procedural error, prompt correction can permit the hearing to continue without immediate challenge. In Hemminger v. Law Society of British
The Regulators’ Role in Complaints Matters
It is sometimes difficult for complainants to appreciate the role of regulators of professions when dealing with their complaints. In Gao v. Health Profession Appeal
Role of Complainants
The role of a complainant in the complaints process is unclear. Are they merely a source of information? Do they have a legal interest in