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.
The Impact of Bankruptcy on Disciplinary Fines and Costs
Bankruptcy is intended to provide people with an opportunity to gain a fresh start without the burden of debt; it is governed by federal law.
Disability and Disciplinary Orders
Where a practitioner raises the mitigating factor of the practitioner’s illness, who has to prove what? This issue was squarely raised in Braile v Calgary
Considering Exemptions for Registration
Some regulators are permitted to consider exemptions (sometimes called waivers) for applicants for registration who do not meet the technical requirements. Typically these exemptions permit
A New Test for Interim Mandatory Injunctions
Often a major dispute in a proceeding is who has to do what until the matter is finally decided. Courts frequently rely on the status
Internal Appeals
Some regulators provide the ability for internal appeals of registration, complaints or discipline decisions. Often the question is: should those appeals be like appeals to
Ungovernability: The Sequel
Being found to be ungovernable twice in two years is quite a feat. This happened to a Manitoba nurse in Kuny v College of Registered
The “I Did Not Receive the Email” Defence Fails
In The Law Society of Manitoba v Alghoul, 2018 MBCA 23, http://canlii.ca/t/hqx9n, a lawyer was sent numerous emails from an adjudicator which he did not
Regulator Implements Anonymous Tip Line Recommendation
The groundbreaking June 2016 report of the Independent Advisory Group into the regulation of the real estate industry in British Columbia contained the following recommendation:
What Constitutes a Final Decision?
Appeals of most regulatory decisions are only available if the decision is final. In civil cases, there has been much litigation about what constitutes a