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.
Rare Order Stays Investigation of a Complaint
There is little doubt that it is rare for a Court to stay the simple investigation of a complaint pending the outcome of an application
Some Protected Titles May be Unconstitutional
Many regulators have two types of title protection provisions. The first reserves a title associated with a profession for use only by those registered with
Curing Procedural Deficiencies
Procedural missteps by a regulator can often be cured. In Volochay v College of Massage Therapist, 2019 ONSC 5718, http://canlii.ca/t/j2np8, serious allegations of sexual abuse
Accessing Files When Responding to a Complaint is not a Privacy Breach
Prior to the enactment of private sector privacy legislation over the past couple of decades it was generally accepted that the filing of a complaint
Fishing Expeditions and Frustrated Investigations
Regulators do not have a duty to ensure that practitioners under investigation are satisfied that the investigation is well supported before the practitioner provides information
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