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.
Limits to Accommodating Self-Represented Practitioners
Courts are, justifiably, quite concerned about the plight of litigants appearing at hearings without legal assistance. Courts have imposed a number of duties on tribunals
Public Interest Litigation Against Investigators
Can the courts be used to effect change in the way that investigators conduct their inquiries? That issue is squarely raised in Williams v London
Holding Out
Unregistered persons can be creative in the use of language to describe themselves and their services. When there is a risk that members of the
Staying out of Civil Proceedings
Most regulators have a statutory confidentiality provision. Some, but not all, of those provisions protect regulators from having to produce information or act as a
Discretion to Refuse to Process Complaints
Policy makers are torn about how much discretion to give regulators to refuse to process complaints that are outside of the regulator’s jurisdiction or are
Not Vague and Unenforceable
In Francis v Newfoundland and Labrador Pharmacy Board, 2018 NLSC 248, http://canlii.ca/t/hwgdr a group of pharmacists tried a second time to challenge the validity of
Mistakes vs. Misconduct
It is generally accepted that not all mistakes by practitioners constitute professional misconduct. Sometimes drawing that line is difficult. In other cases it is relatively
Air of Reality
A case that regulators have been following closely seems to have been resolved in favour of the regulator. In Fitzpatrick v College of Physical Therapists
Searching for Professionals on Google
Health regulators have long faced criticism that they lack transparency and that they hide information about their members from the public. This criticism is often