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.
Registrants Should Not Benefit from Obstructing Investigations
If a registrant faces a serious allegation, should they be able to achieve a reduced sanction by obstructing the investigation? In Chimistes (Ordre professionnel des)
Factors Permitting Infringement of Freedom of Expression
Regulators need to consider the freedom of expression rights of their registrants. However, regulators can infringe on those rights in a proportionate manner to achieve
Billing Practices, Costs, and Diverging Courts
For the most part, regulators give registrants some leeway in managing their billing practices, viewing them as a civil matter. However, where the billing is
Rudeness towards Coworkers
In recent years, regulators have more frequently addressed offensive behaviour towards colleagues and coworkers as serious professional misconduct. For example, in Ontario College of Veterinarians
Procedural Fairness in Negotiations
Complaints screening committees, unlike true adjudicative committees, sometimes directly engage in negotiations with registrants. For example, they might propose a remedial disposition, the acceptance of
The Impact of Non-Cooperation on Interim Orders
Issuing an interim order restricting or suspending a registrant’s ability to practise pending an investigation is an exceptional power for regulators of professions. Given the
Perspectives on Incompetence
The concept of “incompetence” on the part of a practitioner (“registrant”) for the purposes of disciplinary action has not been frequently discussed by the courts.
Suing for Damages Rather than Quashing the Regulatory Decision
It is a general principle that where a legislative scheme provides a route to challenge a regulatory decision, that route must be followed. For example,
Sanction for Sexual Behaviour towards a Colleague
While courts give leeway to the sanction imposed by discipline panels, they will intervene in exceptional circumstances, particularly where the order appears to be disproportionate.