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.
Interim Order Stayed
Courts tend to be quite deferential to regulators when reviewing interim orders made to protect the public pending discipline. However, such an order was set
Regulators Cannot Easily Resolve Personal Conflicts between Colleagues
Dr. Al-Ghamdi, a physician, had difficulties with some of the nurses with whom he worked. He made complaints against four of them to their regulatory
Avoiding Judicial Review Application Delays
Regulators have seen this scenario many times. A practitioner is referred to discipline. The practitioner brings an application for judicial review to challenge the referral
Summarizing Disciplinary Decisions
As regulators summarize complaints and discipline decisions for publication, practitioners often dispute the synopsis. This issue arose in an earlier version of Bill 87 where
Judicial Review of Procedural Fairness
For a number of years now the Courts have asserted that it will review most decisions of regulators on the basis of the reasonableness, rather
Liability of Independent Legal Counsel
The Alberta Court of Appeal indicates that it is almost impossible to find independent legal counsel (ILC) in discipline matters liable for malicious prosecution. In
Regulating Dishonesty
The fascinating case of Registrar, Real Estate and Business Brokers Act v. Stolberg, 2017 ONSC 5904 provides guidance on the challenges of regulating dishonesty by
Legislating Professional Conduct
In recent weeks there have been three separate initiatives by Ontario’s politicians to address conflicts of interest. Bill 160 would require drug manufacturers and makers
The Rationale for Calling Expert Evidence in Standards Cases
Courts have said for some time that in standards of practice cases the regulator generally needs to call expert evidence. In Hanif v College of