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.
Wording of Restraining Orders
The wording of restraining orders is definitely an art, rather than a science. In the past courts have encouraged such orders to be worded as
Not Enforcing Administrative Penalties
When regulators impose a fine or administrative penalty, do they have an obligation to try to collect it? In British Columbia (Securities Commission) v Thow,
Refusing to Consider Competencies Obtained Outside of School
The trend in registration matters has been to consider competencies rather than credentials. This is an essential part of the legal requirements imposed on regulators
Process Challenges
In some discipline cases the defence relates to the process rather than the merits. To a large extent, Walia v College of Veterinarians of Ontario,
More Guidance on Awarding Costs at Discipline
The Ontario Divisional Court provided additional guidance on the awarding of costs by a discipline tribunal. In Robinson v College of Early Childhood Educators, 2018
Excessive Delay
It is rare for a disciplinary case to be stayed on the grounds of excessive delay. However, Diaz-Rodriguez v British Columbia (Police Complaint Commissioner), 2018
Injecting Clients into a Professional Dispute is Misconduct
Practitioners cannot use their clients as pawns in their professional disputes. Doing so can amount to professional misconduct. A physician learned this the hard way
Ten Implications of Cannabis Legalization for Regulators
The predominant reaction of regulators to the legalization of cannabis for recreational use has been that nothing has changed. And to a large extent that
No Consent Required
Many screening committees are given the authority to take certain action and to also take other action not inconsistent with their enabling legislation. In Hancock