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.
Records vs. Recollection
An individual’s recollection of a particular event or set of events can be a powerful piece of evidence, however its impact can be significantly undermined
Dishonesty: Intent, Mental Health and Sanction
A recent Alberta Court of Appeal case addressed how regulators think about dishonesty allegations against practitioners, the use of mental health evidence in determining liability,
Contemporaneous Access to Hearing Exhibits
The open-hearing principle is robust. A police discipline hearing was held following a public outcry and independent review into the police service’s handling of investigations.
Playing Games
Practitioners facing serious allegations of misconduct have the right to a fair hearing, including adjournments, when necessary to prepare their case or because of health
Remediation Redux
Regulators are being given increased authority to impose remediation to address concerns about a practitioner’s practice at the complaints screening stage. While there are concerns,
Most Convenient Forum
If a practitioner is registered in two jurisdictions, which should proceed first with the investigation and hearing? This issue arose in Mema v Chartered Professional
Scrutiny of Complaints Dispositions
The complaints decisions of many regulators are subject to external scrutiny. The scrutiny is often focused on whether the public interest was served. The test
Investigative Insults
What should a regulator do where a practitioner refuses to cooperate with an investigation and attacks the investigation aggressively on social media including posting documents
Concrete Concerns
There is no general duty of procedural fairness or duty to consult when proposing legislative amendments or making policies: Covant v. College of Veterinarians of