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.
Adjournments and Compelled Testimony
A recurring issue at hearings is whether to grant adjournments, particularly to retain legal counsel. In Evgueni Todorov and Sophia Nikolov v. Ontario Securities Commission,
Reasons for Registration Decisions
How closely do courts review reasons for decisions in registration cases? In Alfahem v College of Physicians & Surgeons of Alberta, 2018 ABQB 539, http://canlii.ca/t/ht02l,
Defamation Challenge to Transparency Fails
Should regulators go public with safety concerns before they are fully established? That was the issue facing a regulator, a hospital and the government in
Do Additional Considerations Apply to Applications for Registration by Indigenous Persons?
In Moore v The Law Society of British Columbia, 2018 BCSC 1084, http://canlii.ca/t/hssff, an applicant (Ms. Moore) had conditions imposed on her registration because of
Re-Enactment of the Events by Disciplinary Tribunal Upheld
In College of Physiotherapists of Ontario v. Boon, 2018 ONSC 3463, http://canlii.ca/t/hsgbg, the disciplinary tribunal had to assess the credibility of the practitioner for allegations
Incarceration an Order of Last Resort in Unauthorized Practice Cases
It is common to seek restraining orders against those practising the profession or holding themselves out. When an individual continues to perform a restricted activity
The Kitchen Sink
Some appeals involve multiple issues. Kennedy v. College of Veterinarians, 2018 ONSC 3603, http://canlii.ca/t/hsfqb is one of those cases. In that case the Court held
Accommodation Has to be Requested
In Zaidi v. Immigration Consultants of Canada Regulatory Council, 2018 FCA 116, http://canlii.ca/t/hsjrq the applicant for registration by a regulated profession was unable to meet
Test for Establishing Negligent Investigations<
Regulators are sometimes criticized for their investigations. Most regulators are protected for actions taken in good faith, even if negligent. However, to the extent that