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.
Making Factual Findings in the Complaints Process
The complaints screening process is not a discipline hearing, so complaints screening bodies should be careful not to make credibility findings as if it were
Usurping the Role of the Courts?
Regulators sometimes address conduct by practitioners that are also being addressed by the courts. For example, a practitioner can be disciplined for sexual abuse and
Breaching Confidentiality of another Practitioner’s Clients
In an old case that was controversial at the time, a medical practitioner acting in the capacity as a journalist published an article about a
Court Acts as Gatekeeper to Regulator Misconduct Complaints
Courts are becoming more assertive in controlling vexatious litigants. A recent decision from Alberta indicates that in some circumstances Courts will prevent vexatious complaints to
No Circumventing the Appeal Route
Appeals from discipline hearings require a bit of effort. They have to be brought quickly. The appealing party has to prepare a copy of the
Ontario Not-for-Profit Corporations Act to be Proclaimed Into Force
After more than a decade, the Ontario Not-for-Profit Corporations Act will take effect as of October 19, 2021. It will replace the ancient Corporations Act
A Bright Line
The Ontario Court of Appeal has formally considered its previous sexual abuse cases upholding revocation for frank acts of sex by health practitioners and patients.
Take it to the Tribunal First
A Newfoundland and Labrador court has again affirmed the importance of raising appearance of bias concerns with a hearing panel before taking the issue to
A Regulator’s Public Interest is Not Unrestricted
There is significant debate amongst regulators as to the public interest they serve. Typically this debate occurs when engaging in strategic planning or policy making.