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.
US Debate About De-Regulation Just Got More Nuanced
There has been a noticeable push in the US to de-regulate professions on the basis that regulation restricts access to workers, drives up prices, and
Federal Trade Marks and Provincially Protected Terms
A common method of regulation is to restrict the use of a term or designation to those who have met certain requirements. There has been
Legal Status of a Regulator’s Policies
The Ontario Court of Appeal has re-affirmed the authority of regulators to make policies setting out the expectations of practitioners in the course of their
Reviewing the Prior History of a Practitioner in Complaints Matters
In complaints matters it is common, but not universal, that the prior complaints and discipline history of the practitioner will be reviewed. However, the weight
New Approach to Vexatious Litigants
Litigants who abuse the legal system have been a challenge for many decades. Recently the approach of the courts to dealing with abusive litigants has
Proving Inadequate Supervision of Unregistered Persons
Most professions have standards of practice (written or unwritten) about what tasks a practitioner can and cannot delegate to an unregistered assistant. However, it is
Failing to Comply with a Remedial Order
Some regulators have the ability to impose mandatory remediation (e.g., attend for a caution, complete a course) when disposing of a complaint or investigation without
Protecting Quality Assurance Information
Professional regulators in British Columbia are subject to freedom of information legislation. As a result, individuals can apply to the Information and Privacy Commissioner to
Duty of Candour Exists in Canada
One of the more significant developments in the regulation of health professions in the UK is the codification of the duty of candour when an