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.
Do Additional Considerations Apply to Applications for Registration by Indigenous Persons?
In Moore v The Law Society of British Columbia, 2018 BCSC 1084, http://canlii.ca/t/hssff, an applicant (Ms. Moore) had conditions imposed on her registration because of
Re-Enactment of the Events by Disciplinary Tribunal Upheld
In College of Physiotherapists of Ontario v. Boon, 2018 ONSC 3463, http://canlii.ca/t/hsgbg, the disciplinary tribunal had to assess the credibility of the practitioner for allegations
Incarceration an Order of Last Resort in Unauthorized Practice Cases
It is common to seek restraining orders against those practising the profession or holding themselves out. When an individual continues to perform a restricted activity
The Kitchen Sink
Some appeals involve multiple issues. Kennedy v. College of Veterinarians, 2018 ONSC 3603, http://canlii.ca/t/hsfqb is one of those cases. In that case the Court held
Accommodation Has to be Requested
In Zaidi v. Immigration Consultants of Canada Regulatory Council, 2018 FCA 116, http://canlii.ca/t/hsjrq the applicant for registration by a regulated profession was unable to meet
Test for Establishing Negligent Investigations<
Regulators are sometimes criticized for their investigations. Most regulators are protected for actions taken in good faith, even if negligent. However, to the extent that
Going Behind the Corporate Veil
Regulators have special challenges when regulating practitioners who practise through a corporate structure. One such challenge is being clear in any notice of hearing whether
Oversight Responsibilities of the Responsible Minister
Government Ministers are responsible for overseeing statutory regulators. However, that responsibility does not mean that the Minister is a necessary party to any legal disputes
Raising the Bar is Not Easy
In a series of cases over the last few years it seems clear that the College of Physicians and Surgeons of Ontario has been trying