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.
Access by a Regulator to Highly Confidential Client Files
Should there ever be limits to a regulator’s access to a practitioner’s client files when the files are relevant to an investigation? Almost never is
Credibility is Not an Either / Or Proposition
A recent decision of the Ontario Court of Appeal has provided additional guidance about making findings on credibility. In R. v Esquivel-Benitez, 2020 ONCA 160,
Reasons for Examination Failure Need to Cover All Grounds of Appeal
Few regulatory decisions have as significant an impact on individuals as clinical examinations, especially for an examinee’s final attempt. In Mattar v The National Dental
Gross Carelessness by Regulators Must Be Extreme for There to Be Liability
For almost two decades the case of Finney v Barreau du Québec, 2004 SCC 36, http://canlii.ca/t/1h87m has caused regulators to wonder in what circumstances a
Emergency Suspension of Limitation Periods and Procedural Timelines
The Ontario government has just issued an emergency order, retroactive to March 16, 2020, suspending all limitation periods and timelines in proceedings. Regulators generally deal
Breach of Confidentiality
Breaches of client confidentiality rarely are the sole subject of a discipline hearing. There are many possible explanations for this including that practitioners are respectful
Deference Continues for Policy Decisions by Regulators
Regulators continue to monitor how judicial review of its actions will change in light of the landmark decision of Canada (Minister of Citizenship and Immigration)
Does Bankruptcy Extinguish an Administrative Penalty?
Regulators are, with increasing frequency, authorized to impose administrative penalties. Administrative penalties are similar to fines but often imposed through a less formal process than
Expanded Remedies in Judicial Review
Judicial review has traditionally been narrower than an appeal. This is so particularly when it comes to the remedies that can be granted by the