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.
Requests to Admit – A Powerful Tool
Many discipline tribunals have rules permitting a party to request that the other party admit non-contentious facts or the authenticity of documents. However, if the
Incarceration for Civil Contempt for Unauthorized Practice
There is significant discretion in imposing a penalty for civil contempt of court for breaching an order prohibiting the unauthorized use of title, holding out,
Preventing Trauma
The principle of open hearings has taken on greater significance in recent years. It is rare for the privacy interests of a party to regulatory
Imaging Digital Devices
The authority and process for investigators to access and copy the electronic devices of registrants is an evolving area of law for regulators. A discipline
Delaying Registration
There has been a recent emphasis on the need to process registration applications quickly. In Ontario, legislative timelines are imposed on regulators. The impact of
Misinformation as a Basis for Limiting Charter Rights
A frequent discussion at the courts in recent years is how regulators are to balance interests protected by the Canadian Charter of Rights and Freedoms
Protecting Parallel Criminal Proceedings
Regulators are often uncertain about proceeding with discipline allegations, even serious ones, when there are parallel criminal proceedings. The regulator does not wish to interfere
Intent, Cutting and Pasting, and Joint Submissions
Courts have been fond in recent years of dispensing with hard and fast rules and using a contextual approach of whether, “in all of the
Considering the Response
The three principles of procedural fairness for regulators are: give notice, provide an opportunity to respond, and then consider the response. Most challenges to regulatory