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.
Public Statements
Increasingly, regulators are being asked to deal with complaints that a practitioner made public statements without a reasonable basis for making them. Another example of
Chipping Away at the Regulatory Privilege
Over two decades ago, the Court of Appeal for Ontario issued a comprehensive decision protecting information obtained or used by health regulators from being used
Lay Scrutiny of Specialist Registration Applications
How does a lay tribunal, made up entirely of non-practitioners, review registration matters where the original decision is made by an expert regulatory panel including
I Should Not Be Seeing This
Sometimes regulators come across information that they were not intending to see. Responding appropriately can be important. In a civil case, two business partners were
Streamlined Discipline Hearings
Many regulators have recurring issues that some practitioners seem to ignore. Often, they involve a failure to comply with a routine obligation. For example, many
Vexatious Litigants and Harassment of Regulators
Regulatory staff appear to be facing a pandemic of harassment by some of the practitioners that they regulate. Sometimes, but not always, this is accompanied
Alleging Intent
In discipline matters, regulators generally do not have to prove that the practitioner had malicious or dishonest intent to engage in the conduct. Failing to
Expectations of Regulatory Investigations
In MacDonald v College of Dental Hygienists of Ontario, 2022 ONSC 632 (CanLII), https://canlii.ca/t/jm3zz, a practitioner who was found to have engaged in a sexual
Screening Committee’s Remedial Direction Found to Have a Deterrent Value
Screening committees often recommend or, where authorized to do so, direct practitioners to engage in remedial activities. The rationale for this authority is that such