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.
Reasonable and Probable Grounds
Most regulators must have reasonable and probable grounds in order to appoint an investigator to conduct a formal investigation. However, articulating the reasonable and probable
Joint Submission Was not “Unhinged”
The Divisional Court of Ontario has again emphasized the stringent nature of the public interest test that applies to discipline panels that consider rejecting a
Procedural Rulings
Most procedural rulings do not have a significant impact for regulators. However, Torgerson v. Health Professions Appeal and Review Board, 2021 ONSC 1185 (CanLII), https://canlii.ca/t/jd9hv
One Year Incarceration
Professional regulation rarely results in jail. However, in Law Society of Alberta v Beaver, 2021 ABQB 134 (CanLII), https://canlii.ca/t/jd93p a former practitioner ended up being
Duty to “Cooperate Fully”
Many regulators require practitioners to participate in professional development and quality improvement activities. This requirement often comes with a duty to cooperate with the program.
Scrutiny of Discipline Decisions
Another decision from western Canada carefully scrutinizes a disciplinary decision. In Phillips v Law Society of Saskatchewan, 2021 SKCA 16 (CanLII), https://canlii.ca/t/jcvzm the issue was
Constricting Confidentiality Clause
Can a witness summoned by a regulator decline to answer questions because they owe a duty of confidentiality to their employer? In the Matter of
Request to Reconsider
Can a practitioner who has been disciplined and who has exhausted their appeal rights request the discipline tribunal to reconsider its decision? Or do the
Lawsuits for Failure to Act on a Complaint
Two recent decisions in different provinces and different contexts reiterate the same principle: regulators and investigators cannot be sued for failing to act on complaints.