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.
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
Court Directed Reconsideration Hearings
Regulators received some guidance on how to conduct re-hearings after being directed to do so by a court in: Hanif v. College of Veterinarians of
Publication of Remediation Direction does not make it a Penalty
The Ontario Divisional Court has again affirmed that the posting of remediation orders by the complaints screening committee does not make it a penalty: Longman
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