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.
Good Reasons Save the Day
Good reasons are always essential, especially when a serious finding is based on circumstantial evidence. In Taylor v College of Physicians and Surgeons of Ontario,
Authority of Oversight Bodies
Independent oversight bodies with the authority to interfere in individual decisions are rare in common law Canada. They are more prevalent elsewhere, perhaps with the
Interim Orders and Evidence of Exposure to Harm
Many regulators have the authority to impose interim orders before a hearing where the public is at risk of harm. Courts defer to the expertise
Scope of Investigations
A recurring issue for regulators is the scope of investigations. In Yu v College of Dental Surgeons of British Columbia, 2018 BCSC 1315, http://canlii.ca/t/htc3c, a
Practising Law is Practising Law
In Law Society of Ontario v Leahy, 2018 ONSC 4722, http://canlii.ca/t/ht9nq the regulator sought an injunction against Mr. Leahy for practising law. Mr. Leahy did
Controlled Acts Injunction
Under the Regulated Health Professions Act a College can obtain an order under the statute to prohibit unauthorized persons from performing certain activities or using
Further Clarity on the Mental Intent for Professional Misconduct
A recent decision of the Ontario Court of Appeal further clarifies that the required intent for a finding of professional misconduct depends on the nature
Crossing the Line
Practitioners are entitled to criticize their regulators and colleagues, to a point. However, when the tone and content of the criticism undermines the integrity of
Jurisdiction Over Conduct Before Registration
For over a century and a half there has been debate and inconsistent court decisions about whether regulators have jurisdiction over members for their unprofessional