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 Contempt of Court on Circumstantial Evidence
Establishing unauthorized practice can be difficult as many clients are happy to receive the service or, at the very least, are reluctant to testify about
The Precautionary Principle
How should regulators deal with new technologies where the risks of harm are uncertain? One Ontario regulator has had to face this challenging issue. A
Lack of Insight Justifies Revocation
Regulators generally prefer a remedial approach to practice concerns in the absence of deliberate misconduct. However, where even a skilled practitioner lacks the insight to
Nova Scotia Independent Review of Sexual Abuse Processes
The College of Physicians and Surgeons of Nova Scotia released a report of an independent review of the regulator’s processes for dealing with sexual abuse
Another Interim Order in a Sexual Abuse Case is Reduced
In Kumar v College of Physicians and Surgeons of Alberta, 2019 ABQB 514, http://canlii.ca/t/j1cqs a pediatrician was charged criminally with sexual assault and sexual interference
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