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.
Costs for an Unwarranted Referral to Discipline
Some regulators have the authority to award costs to a practitioner where no finding of professional misconduct is made and the referral to discipline by
Interim Order Banning Regulator from Posting Information on its Website
Increasingly, regulators post information about criminal charges against practitioners on their websites to provide all relevant information to the public and to enable the public
Concurrent Discipline and Criminal Proceedings
Should a discipline hearing proceed even though a criminal trial on related allegations is pending? In Berko v. Ontario College of Pharmacists, 2021 ONSC 6120
Appearance of Bias related to Adjudicative Conduct
An appearance of bias can arise as a result of the way that a proceeding is conducted. In Kivisto v. Law Society of Ontario, 2021
Suing a Regulator for Breach of Privacy
In Khan v. Law Society of Ontario, 2021 ONSC 6019 (CanLII), https://canlii.ca/t/jj1xj a practitioner was disbarred in respect of his billing practices for accounts submitted
Limits to the Freedom of Expression
NB This decision was reversed by the Ontario Court of Appeal at Lauzon v Ontario (Justices of the Peace Review Council), 2023 ONCA 425 (CanLII),
Adding Allegations Mid-Hearing
It is a fundamental principle that a practitioner should know the allegations (and case) they will meet before their discipline hearing starts. Some exceptions exist
Rare Example of a Court Permitting the Rejection of a Joint Submission
Discipline panels should generally accept joint submissions unless doing so would bring the administration of justice into disrepute or would be contrary to the public
Raising Abuse of Process Concerns
The Divisional Court has again confirmed that abuse of process concerns should first be raised with the discipline panel rather than by an application for