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.
Burden of Proof in Registration Applications Involving Good Character
As a general proposition it is the applicant for registration who has the burden of proving that they meet the entry requirements. However, this conceptual
Deference to Clinical Examination Results
Where an entry-to-practice examination involves clinical skills, it is particularly difficult to challenge (or defend) the outcome. The scoring typically involves the application of professional
Disparaging Comments Misconduct Finding Upheld
The Saskatchewan Court of Appeal has upheld a finding of misconduct against an agrologist for making disparaging comments about other members of the profession and
A National Regulatory Body is Possible in Canada
Under Canada’s Constitution, the regulation of professions falls under provincial jurisdiction (i.e., property and civil rights). With rare exceptions (e.g., banking, immigration), professions are not
A Court-Approved Approach to Making Defensible Credibility Findings
In The Law Society of Manitoba v Young, 2018 MBCA 126, http://canlii.ca/t/hwbp5 Manitoba’s highest court rejected an appeal made on the basis that the hearing
Lisbon Recognition Convention
The Lisbon Recognition Convention (LRC) is an international agreement involving Europe, the United States and Canada. It has been ratified by Canada earlier this year,
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