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.
Ungovernability Onus
It is trite law that the burden of proof in discipline matters is on the regulator. However, this concept can be pushed too far. In
Second Contempt Sentence
How long should a person be jailed for contempt of court for a second breach of a restraining order for illegal practice? British Columbia’s highest
Presumptive Prematurity
Courts are more frequently requiring parties to complete the administrative process before seeking a judicial remedy. A prime example is found in Gill v. College
Parity Between Professions
Should different professions impose the same standards, and the same sanctions, for the same conduct? In Jobin c. Technologues (Ordre professionnels des), 2021 QCTP 83
Redacting Exhibits in Public Hearings
The Courts have recently emphasized the “open court” principle that hearings, and exhibits filed at hearings, should be publicly available in most circumstances. In Turner
BC Court Upholds Broad Investigative Powers
The highest court in British Columbia has upheld the broad scope of investigative powers for the legal regulator there. In A Lawyer v. The Law
Publication of Complaints Decisions
Health regulators in Ontario are required to post on their website information about complaints decisions that result in remedial directions (e.g., to attend for a
Proving Standards of Practice
When an allegation is made that a practitioner failed to meet the standard of practice of the profession, the evidence often consists of both published
Duty to Offer French-Language Services
Some regulators have a duty to provide their services in French. There are also proposals to expand this duty to all regulators of professions in