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.
Duty of Regulators to Assist Struggling Practitioners
In Jhanji v The Law Society of Manitoba, 2020 MBCA 48, http://canlii.ca/t/j7sqc, an internationally trained lawyer was the subject of multiple concerns. Both judges and
Reconsideration of Returned Decisions
Sometimes when an appeal from a discipline decision is successful, the court returns the case to be reconsidered by a differently constituted panel. However, when
Using a Practitioner’s Status and Prestige
Practitioners have a status in society that can be misused. In addition, engaging in certain activities outside of the profession can affect one’s ability to
Judicial Scrutiny of Disciplinary Penalties
Ever since the Supreme Court of Canada in Vavilov changed the way that courts review regulatory decisions (at least where there is a statutory right
Close Review of Credibility Findings
Under the new standard of review of tribunal decisions, findings of fact are reviewed on the basis of whether there was a palpable and overriding
The Whistleblower Defence
In some circumstances, a practitioner is permitted to disclose otherwise confidential information and publicly criticize their employer, where there is a compelling public right for
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