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.
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.
Following the Legislative Scheme
In legislation, the word “may” sometimes means “must”. In Vey v Newfoundland and Labrador Pharmacy Board, 2022 NLCA 55 (CanLII) the registrant was disciplined for
Cumulative Impact of Sanctions
Discipline sanctions must not be clearly unfit (at least in contested cases; a different test applies where there is a joint submission on penalty). In
Abuse of Process can be Applied to Regulated Individuals Too
Regulated individuals often argue that a regulator’s conduct (or inaction) amounts to an abuse of process. However, the doctrine applies equally to regulated individuals. In
Reform of the Regulation of Legal Services Begins in Earnest in BC
Mark September 14, 2022, as the beginning of serious reform of the regulation of legal services. On that date, the Ministry of the Attorney General
The Safer for All Report
In September, the UK regulatory oversight body released a major report on recommended reforms to the regulation of health and social work professions. There is
Limits to the Duty of Confidentiality by Registrants to Clients
To obtain the best possible services, clients need to be forthcoming and candid with their service providers. For that reason, there is a strong duty
Quashing an Investigation
In what circumstances can a regulator be required to stop an investigation? That issue came up in Morabito v. British Columbia (Securities Commission), 2022 BCCA
Single Act, Double Fault
A basic principle is that a person should not be punished twice for the same fault. However, that principle tends to be applied quite narrowly