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.
Misconceptions About Costs Awards
Many regulators are permitted to require registrants to pay some or all of the costs of a discipline hearing if a finding is made against
Considering Unproven Allegations When Imposing Sanction
When a disciplinary finding is made, hearing panels need to consider the relevant circumstances and not consider the irrelevant circumstances when imposing sanction. Are unproven
Make those Restrictions Clear
Regulators often negotiate, or even impose, restrictions on registrants in various contexts including registration with conditions, resolution of complaints and discipline orders. In Rak v.
Limits to Bad Faith Allegations Against Regulatory Staff
Generally, regulators cannot be sued successfully for damages unless they acted in bad faith. Bad faith must be pleaded with particulars; a bald allegation is
Limits on a Reviewing Tribunal’s Ability to Issue Directions
The decisions of many complaints screening committees are subject to scrutiny by an independent tribunal. One of the options for the reviewing tribunal is to
Assistance to Self-Represented Registrants
Many regulators hold discipline hearings for registrants who do not have legal counsel. In Hirtle v. College of Nurses of Ontario, 2022 ONSC 1479 (CanLII),
Remediation in Disputed Cases
Complaints’ screening committees frequently direct that the registrant participate in education and remediation. Registrants who dispute the accuracy of the complainant’s recitation of events sometimes
Understanding the Authority to Issue Interim Orders
Issuing an interim order during an investigation is an extraordinary power that can have significant consequences for the practitioner. Courts scrutinize them to ensure that
Credibility Considerations
The main issue in Caine v. Ontario College of Teachers, 2022 ONSC 2592 (CanLII), https://canlii.ca/t/jnzv7 was the discipline panel’s consideration of the credibility of witnesses.