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.
Protracted Negotiations
Screening committees often negotiate undertakings with practitioners to resolve concerns, particularly in cases involving standards of practice. Sometimes discussions negotiating the precise terms of the
Bringing the Profession into Disrepute
Some professions include in their definitions of professional misconduct some aspect of conduct that brings their profession into disrepute. In Hughes v. Law Society of
Rare Exceptional Circumstances?
The Courts will not hear an application for judicial review of an interim ruling in a discipline matter unless there are exceptional circumstances. So what
Advising the Profession
Can regulators advise the profession about new developments that appear to be unethical or unprofessional? One New Brunswick court suggests that this is a proper
No Hard Caps on Parity of Sanctions
Courts tend to require discipline panels to ensure that any sanctions imposed are consistent with previous orders in similar cases. This is often referred to
The Civil Standard of Proof at Discipline is Affirmed Again
In an unusual case, a four-person discipline panel issued two sets of concurring reasons each signed by two members of the panel. The panel found
Is the Standard of Review of Discipline Decisions Becoming Clearer?
Ever since the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (CanLII), http://canlii.ca/t/j46kb there
No Contest Pleas at Discipline Hearings May Have Unintended Consequences
A number of regulators have developed rules of procedure that permit a practitioner to decline to admit allegations against them (i.e., making a plea of
Interim Order Upheld
It almost seems to be a rare event for an interim order limiting a practitioner’s practice to be upheld by the courts. However, in Kadri