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.
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
Particulars of Bad Faith
As a general rule, regulators can only be sued for damages if they act in bad faith. When a person sues a regulator they must
Refusal of an Adjournment Upheld
Discipline tribunals often struggle when a practitioner requests an adjournment to obtain legal counsel. The right to have representation at a hearing affecting one’s livelihood
When Acting as a Licensee
A regulator for horse racing imposed an interim suspension on a jockey after he had made threatening and abusive comments to another jockey, to a