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.
Scrutiny of Discipline Decisions
Another decision from western Canada carefully scrutinizes a disciplinary decision. In Phillips v Law Society of Saskatchewan, 2021 SKCA 16 (CanLII), https://canlii.ca/t/jcvzm the issue was
Constricting Confidentiality Clause
Can a witness summoned by a regulator decline to answer questions because they owe a duty of confidentiality to their employer? In the Matter of
Request to Reconsider
Can a practitioner who has been disciplined and who has exhausted their appeal rights request the discipline tribunal to reconsider its decision? Or do the
Lawsuits for Failure to Act on a Complaint
Two recent decisions in different provinces and different contexts reiterate the same principle: regulators and investigators cannot be sued for failing to act on complaints.
Third Party Complaints
Where a third party complains about the conduct of a practitioner, complex issues arise. The complainant is not entitled to confidential client information. The regulator
Regulators’ Confidentiality Protections
Most regulators must maintain confidentiality with respect to the information they hold. Many regulators also have statutory protections preventing their representatives from being compelled to
Revisiting Referrals to Discipline
Courts are reluctant to review a referral of allegations to discipline by a screening committee. In Walia v. College of Veterinarians of Ontario, 2020 ONSC
Publication of Remediation Directions Does not Alter their Remedial Nature
For many regulators the issuing of various forms of advice or cautions or the imposition of educational measures has become an important part of the
Necessary and Proportional
What do you do when an elderly physician, in poor health and under enormous debt whose registration is suspended continues to practise medicine despite multiple