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.
When Is a Rule Targeted?
Courts tend to give deference to regulators when they enact subordinate legislation such as regulations, by-laws, or rules. So long as the provision furthers the
Designing the Impossible: A Perfect Request to Admit Rule
The recent decision in Khan v. Law Society of Ontario, 2024 ONSC 3092 (CanLII), has sparked renewed interest by regulators of professions in whether the
Exceptional Circumstances
Courts are extremely hesitant to consider a judicial review application while an administrative process is ongoing. Such applications will generally be dismissed or stayed as
Time Off for Good Behaviour
When discipline proceedings are protracted, what weight should be given on sanction to the registrant behaving professionally while the proceedings are ongoing? That issue took
Requests to Admit – A Powerful Tool
Many discipline tribunals have rules permitting a party to request that the other party admit non-contentious facts or the authenticity of documents. However, if the
Incarceration for Civil Contempt for Unauthorized Practice
There is significant discretion in imposing a penalty for civil contempt of court for breaching an order prohibiting the unauthorized use of title, holding out,
Preventing Trauma
The principle of open hearings has taken on greater significance in recent years. It is rare for the privacy interests of a party to regulatory
Imaging Digital Devices
The authority and process for investigators to access and copy the electronic devices of registrants is an evolving area of law for regulators. A discipline
Delaying Registration
There has been a recent emphasis on the need to process registration applications quickly. In Ontario, legislative timelines are imposed on regulators. The impact of