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.
Formulating a Penalty Order in Discipline in Sexual Abuse Cases
There seem to be fewer areas in which courts have been giving confusing guidance to discipline panels than in the ordering of sanctions in sexual
Compelling a Reluctant Witness to Testify in a Sexual Abuse Matter
This issue has again come up, this time in the context of an investigatory summons. In College of Physicians and Surgeons of Ontario v Dr.
The Most Complex Discipline Case in Recent Memory
The Divisional Court described the case of Ontario (College of Physicians and Surgeons of Ontario) v Kunynetz, 2019 ONSC 4300, <http://canlii.ca/t/j1m2m> as one of the
Revocation Stayed but Publication Continues Pending Appeal
Where a discipline finding is made and a sanction is imposed, it is common for the practitioner to seek a stay of the sanction until
Protecting Regulators from Defamation and Harassment
Regulators have to put up with a fair bit of criticism. In a free and democratic society, public interest bodies need to be open to
Factual Errors by a Complaints Screening Body
Complaints screening bodies do not make findings of fact. They also do not make findings of wrongdoing. And they can make remedial orders (e.g., issuing
The Wettlaufer Inquiry Report: Implications for Regulators
Finding no individual misconduct, Commissioner Eileen E. Gillese’s report in the Public Inquiry into the Safety and Security of Residents in the Long-Term Care Homes
Disciplining Contentious Practitioners
Where there is a history of contentious proceedings between a regulator and a practitioner, additional challenges arise. As the Court pointed out in Fitzpatrick v
Timely Access to Discipline Hearing Exhibits
Last year, in upholding the constitutional right of the public, including the media, to obtain copies of exhibits filed in hearings, Justice Morgan said: Generally