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.
Penalty Precedents and Assignment of Panels
To use diplomatic language, the case of R. v. Gashikanyi, 2017 ABCA 194 is an example of frank and vigorous debate within an appeal panel.
Trying to Taint a Hearing Panel by Your Own Motion
Can you bring a motion to a disciplinary tribunal and then later argue that they are biased because they presided over the motion? That strategy
Role of the Complainant
What role should the complainant play in a regulator’s complaints and discipline process? One view is that the complainant merely provides information to the regulator
Practitioners Who Wear Two Hats
Are practitioners subject to a regulator when they are acting in another capacity? This issue arose in A.C. Waring and Associates Inc v Institute of
Reasons by a Complaints Screening Committee
It is not enough for a complaints screening committee to say that the complaint does not raise a significant concern of professional misconduct. The committee
Is a Person Who Receives Episodic Services a Client?
In a number of recent cases, regulators have found that practitioners have a professional relationship with people to whom they provide intermittent services unless the
Testimonial Trespasses
Many regulators prohibit the use of testimonials because they may be inherently unverifiable and, thus, misleading. In addition, the process of gathering testimonials tests the
Can the Sanctions Panel be Differently Constituted from the Findings Panel?
Can the sanction (or order) in a discipline hearing be determined by a panel that is different from the panel that made the finding of
Charging Fees to Non-Members
In BSA Diagnostics Imaging Inc. v The College of Physicians and Surgeons of Ontario, 2017 ONSC 1950, the Divisional Court upheld the legal authority of