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.
Proving Plagiarism
Imagine being the Chair of the Examination Committee of a professional regulator and receiving a report for review that is copied from one you have
False Factual Findings
When a tribunal makes an erroneous factual finding a court will review the significance of the error in determining whether to set aside the decision.
Forward Looking vs. Backward Looking Sanctions
Most professional discipline statutes allow the imposition of a sanction upon a finding of misconduct. Sometimes called a “penalty”, the order imposes a consequence for
Claim Against Regulator is an Abuse of Process
A relatively recent amendment to the Court’s Rules of Civil Procedure allows a court to dismiss an action that “appears on its face to be
Disclosing the Names of Panel Members
In Gouniavyi v Yukon (Government of), 2019 YKSC 40, http://canlii.ca/t/j1zzn the discipline finding against a pharmacist was set aside because of a series of procedural
What Constitutes Malice?
To establish a cause of action against a regulator for malicious prosecution, the plaintiff has to, obviously, plead and establish malice. In Bahadar v Real
Banning Publication
Courts and tribunals operate from the default position that their proceedings are open to the public and the information revealed during the hearing is also
Stay Granted Where Public Not At Risk
In the ongoing saga of Fitzpatrick v College of Physical Therapists of Alberta, 2019 ABCA 306 http://canlii.ca/t/j1zgj, the practitioner is seeking leave to appeal to
Adding Parties to a Proceeding
One reason for adding a party to a proceeding is to ensure that both sides are present to provide arguments to the panel as part