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.
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
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.