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.
Court Reviews of an Interim Suspension
Interim suspensions (or other orders) during an investigation are always challenging for Courts to decide. Typically, they are challenged through an application for judicial review.
Impact of Bankruptcy on Discipline Sanctions
There is continuing ambiguity as to the impact of a practitioner’s bankruptcy proceedings on disciplinary sanctions. The goal of the bankruptcy process is to enable
Public Protection Outweighs Irreparable Harm to the Practitioner
Courts are frequently tasked with deciding whether a discipline sanction should commence even though an appeal or judicial review is pending. Even where a court
Code of Conduct Proceedings
Occasionally regulators have to address breaches of their Code of Conduct by a Board or Council member. Where the concerns amount to allegations of wrongdoing
No Procedural Unfairness Unmasked
In Matheson v. College of Physicians and Surgeons of Ontario, 2021 ONSC 7597 (CanLII), https://canlii.ca/t/jktjh the regulator received a complaint that the practitioner saw a
Consultation Requirements
Most regulators consult with the public and the profession when making or amending its rules or policies. However, is this a legal requirement? And should
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