Regulation Pro Blog

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.

Dropping the F Bomb

Is it always professional misconduct for a practitioner to use profanity? In Johnson v. Law Society of British Columbia, 2018 BCCA 40, http://canlii.ca/t/hq732, the Court

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Inferences vs. Speculation

In a number of recent cases the courts have said that regulators should base their conclusions on evidence rather than speculation. What is often left

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You Gotta Come to the Party to Dance

A self-represented practitioner was referred to the Discipline Committee for failing to attend a caution before the Inquiries, Complaints and Reports Committee (Lum v. College

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Proving Patterns

One of the most difficult allegations to prove during discipline is regarding conduct that is only misconduct if it is done cumulatively. For example, being

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Relying on Stolen Evidence

What does a regulator do when someone brings stolen information demonstrating serious misconduct on the part of a practitioner? Is it permissible or appropriate to

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Over-Broad Disclosure Requests

Occasionally practitioners argue that they have been singled out for regulatory action in ways that other members who have engaged in similar conduct are not.

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