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.
Using Every Regulatory Tool (During a Pandemic)
When there needs to be a significant change in how a profession is practised, what are one’s options? Typically there are three options: enact a
Off Duty Conduct
It is likely that there is variability as to when off-duty conduct can be the subject of discipline. For example, the degree of circumspection expected
Demonstrating Bias by Questioning a Witness
Tribunal members are given some leeway to question witnesses. Questions clarifying the evidence of a witness or even asking for additional explanation on a point
Finality of Referrals to Discipline
What are the options where significant new information is received after a screening committee renders its decision? Where the screening committee determined to take no
Another Aspect of Electronic Hearings
Some courts have issued special directions restricting the ability to record online proceedings. Many tribunals have the authority to make rules of procedure on conduct
Appointing an Administrator
Many regulators are subject to the appointment of an Administrator or Supervisor to take over some or all of their operations. This extraordinary step is
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