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.
Off-Duty Defence Is Off-Side
Registrants cannot avoid professional accountability by trying to separate questionable conduct from their professional practice. That is the message one can take from the decision
Governance Accountability
While the Board of a regulatory body is quite different from a municipal Council, some analogies can be made in terms of their governance responsibilities.
Limiting Duplicate Investigations
The office of the Patient Ombudsman was created to facilitate accountability for health care providers. The Patient Ombudsman (which is separate from the Ontario Ombudsman’s
Immunity of a Regulator’s Expert Witness
Regulators frequently retain expert witnesses to assist them in evaluating complaints or concerns and in establishing a breach of standards or an allegation of incompetence
Disciplining an Employee of the Regulator
Regulators often have registrants on staff. Things can get complicated where the regulator disciplines a registrant staff member for their conduct while on staff. In
More Interim Order Guidance
Interim orders are rare protective measures that have been used more frequently in recent months. Yet another pandemic related case builds on the points made
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