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.
Non-Existent Mitigating Factors
Can a registrant rely on mitigating factors that they earlier argued do not exist? That issue arose in College of Early Childhood Educators v. Phillips,
Compassionate Regulation
Receiving a complaint from one’s regulator can be stressful. Studies have shown that participating in a complaints process increases one’s risk of experiencing mental illness,
Reasonableness Review Requires Deference
What does it mean for courts to review a decision on the basis of reasonableness? And how does the concept of deference fit into the
Reinforcing Evidence
When can evidence that reinforces or confirms the foundational allegation be used by a regulator? In Hodge v. Registrar Real Estate and Business Brokers Act,
Registrant Working from Home Stymies Regulator
While regulators are often given search and seizure powers, they are rarely used. Generally, the authority to enter business premises without a warrant, the duty
Screening Committee Reasons for Decision
Committees that screen complaints and investigations do not make findings of wrongdoing or impose disciplinary sanctions. As such, a lower degree of procedural fairness is
Functional and Contextual
Courts use the reasons of discipline tribunals as the basis for their review of the disciplinary decisions. However, that is not to say that a
More Support for Compassionate Regulation
The dental regulator in the United Kingdom recently released a study it commissioned on its complaints and discipline process. The report is entitled: Experiences of
Resignation as an Alternative To Discipline
When facing serious allegations, registrants may offer to resign, (and sometimes undertake to never reapply), in return for avoiding a discipline hearing and a formal