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.
Oversight Blues
While some regulators in Ontario are accountable to appeal tribunals (e.g., Licence Appeal Tribunal) and many Ontario regulators are scrutinized by the Office of the
The “Jump” Principle
A deliberate breach of an injunction restraining illegal practice deserves significant sanction. Such conduct is contempt of court. However, determining the severity of the sanction
Another Broad Interpretation of Investigation Powers
The trend in court decisions to recognize regulators’ broad investigative powers was reinforced in the decision of A Lawyer v The Law Society of British
Remote Mischief
One of the concerns about witnesses testifying in a virtual hearing is that other people might be present who can influence their testimony. It is
Permission for Vexatious Litigants to Commence another Action
As courts become more assertive in restricting vexatious litigants, a new form of legal proceeding is emerging. A court order restraining vexatious litigants typically requires
Deference to Sanction Findings
The Ontario Divisional Court continues to show deference to sanctions (or penalties) imposed by regulators. In 1855456 Ontario Inc. v. Registrar, Motor Vehicle Dealers Act,
This is a helluva way to run a railroad
Giving full deference to the enormous challenges in managing a once-in-a-century pandemic, one still has to wonder sometimes. The above quote, from 1906, might apply
Family Matters
For some professions, such as nursing, professionals are strongly discouraged from involving themselves in the care of family members is because it is difficult to
Hiding Behind a Corporation
Unregistered persons practising a profession through a corporation generally cannot escape prosecution for unauthorized practice. That was the message of the Ontario Court of Appeal