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.
Restraining Illegal Practice
One of the most notorious disbarred lawyers is Harry Kopyto. Despite being disbarred more than 30 years ago, he continues to practise. The regulator sought
Uncertainty Continues for Regulators Defending their Reputations
How should a regulator respond to a practitioner making repeated public accusations that it is acting with dishonesty and bad faith and was abusing its
Incarceration for Regulatory Offences
Provincial offences for unauthorized practice or holding out usually result in fines, not jail. Especially for first offenders. However, that is not always the case.
Discernment and Insight
Regulators can refuse registration to applicants who demonstrate a pattern of lacking “discernment and insight” even if individually the events might not be disqualifying. In
Incapacity Restrictions
Incapacity cases ideally result in terms, conditions and limitations (TCLs) imposed on a certificate as opposed to suspension. This permits the practitioner to practise while
A Non-Lawyer’s Guide to Change in Court Scrutiny of Administrative Decisions
The Supreme Court of Canada made an important decision changing the way courts will review the actions or decisions of administrative bodies, including regulators of
Mild Cognitive Impairment
Regulators are likely to see increasing numbers of concerns about practitioners with mild cognitive impairment. When do these concerns call for an aggressive incapacity intervention?
Retirement Rather than Revocation
There have been a number of cases recently where regulators have been criticized for allowing practitioners to retire or resign rather than face a discipline
The Legality of Government Directives
With increasing frequency, governments have been using informal directives to implement policy rather than the more traditional and formal instruments like regulations and by-laws. A