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.
Some Implications of Online Hearings
Few doubt that online proceedings will continue after the pandemic is over. In an insightful article, law professor Amy Salyzyn considers how this format will
Another Monster Case
There are some cases in which many issues are raised and dealt with. Multiple points of learning on a diversity of topics can arise. Houghton
Imposing Electronic Hearings without Consent
The Divisional Court of Ontario recently ordered that an appeal of a discipline hearing proceed remotely over the objections of counsel for the practitioner. The
Sentencing Considerations for Contempt of Court for Holding Out and Use of Title
In College of Physicians and Surgeons of British Columbia v Ezzati, 2020 BCSC 339, http://canlii.ca/t/j5s7k the Court had to decide what sentence to impose on
Anonymizing Investigations
Generally the fact that a practitioner is under investigation is not made public. Only if a referral to discipline is made or significant remedial action
Limits to the Doctrine of Necessity
Some appearances of bias can be caused by the structure of the legislation. For example, where a complaint is made about a member of the
Access by a Regulator to Highly Confidential Client Files
Should there ever be limits to a regulator’s access to a practitioner’s client files when the files are relevant to an investigation? Almost never is
Credibility is Not an Either / Or Proposition
A recent decision of the Ontario Court of Appeal has provided additional guidance about making findings on credibility. In R. v Esquivel-Benitez, 2020 ONCA 160,
Reasons for Examination Failure Need to Cover All Grounds of Appeal
Few regulatory decisions have as significant an impact on individuals as clinical examinations, especially for an examinee’s final attempt. In Mattar v The National Dental