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.
Paw Patrol
In Walia v. College of Veterinarians of Ontario, 2021 ONSC 4023 (CanLII), https://canlii.ca/t/jg6qj, a veterinarian was disciplined for failing to properly diagnose and treat a
Penalty Again
Given the principle of proportionality (i.e., that the sanction in discipline cases should be relatively consistent), it is often difficult to raise the range of
Malicious Prosecution of Disciplinary Allegations
Whether and when regulatory staff and prosecuting counsel can be sued for malicious prosecution has always been unclear. The recent case of Bahadar v Real
More Guidance on Scrutiny of Discipline Decisions
Probably the best way to see the level of scrutiny of disciplinary decisions since the decision of Canada (Minister of Citizenship and Immigration) v. Vavilov,
Is Publication Worse than a Discipline Hearing?
A former member facing a discipline hearing challenged the regulator’s decision to publish notice of the upcoming hearing, as well as the right to hold
Oversight Blues
While some regulators in Ontario are accountable to appeal tribunals (e.g., Licence Appeal Tribunal) and many Ontario regulators are scrutinized by the Office of the
The “Jump” Principle
A deliberate breach of an injunction restraining illegal practice deserves significant sanction. Such conduct is contempt of court. However, determining the severity of the sanction
Another Broad Interpretation of Investigation Powers
The trend in court decisions to recognize regulators’ broad investigative powers was reinforced in the decision of A Lawyer v The Law Society of British
Remote Mischief
One of the concerns about witnesses testifying in a virtual hearing is that other people might be present who can influence their testimony. It is