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.
Delay in Investigating a Complaint
Further guidance has been given by Ontario’s Divisional Court as to when an extensive delay in investigating a complaint amounts to an abuse of process.
Administering a Drug
Administering drugs to individuals is an activity that is regulated under several statutes. Ontario’s Court of Appeal has held that a person can be found
Another Addition to the Notice of Investigation?
A recent decision of Ontario’s Court of Appeal has added another possible item to be included in a notice to registrants that may not be
A New Criterion for Evaluating Regulators
There is an increasing tendency to evaluate the performance of regulators of professions. Most of these evaluations are conducted by oversight bodies, such as the
Don’t Avoid the Hard Issues
It is human nature to avoid difficult issues. However, doing that when writing reasons for a regulatory decision can result in having to do it
When Is a Rule Targeted?
Courts tend to give deference to regulators when they enact subordinate legislation such as regulations, by-laws, or rules. So long as the provision furthers the
Designing the Impossible: A Perfect Request to Admit Rule
The recent decision in Khan v. Law Society of Ontario, 2024 ONSC 3092 (CanLII), has sparked renewed interest by regulators of professions in whether the
Exceptional Circumstances
Courts are extremely hesitant to consider a judicial review application while an administrative process is ongoing. Such applications will generally be dismissed or stayed as
Time Off for Good Behaviour
When discipline proceedings are protracted, what weight should be given on sanction to the registrant behaving professionally while the proceedings are ongoing? That issue took