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.
Short Term Gain for Long Term Pain
When there is a public outcry about extremely inappropriate behaviour alleged against a practitioner, the regulator often feels compelled to reassure the public that such
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
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
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
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
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.
When is a Breach of the Law in One’s Private Life Misconduct?
For most professions, the reach of the regulator extends to one’s private life in some circumstances. Typically, dishonesty or breach of trust outside of one’s
Considering Past History When Imposing Disciplinary Sanctions
In Thistle v. Law Society of Newfoundland and Labrador, 2017 CanLII 86502 (NL SCTD), a practitioner was disciplined for inappropriate conduct in mortgage transactions. The
Disclosure Duty Applies only to Relevant Information
In Peters v. The Law Society of Upper Canada, 2017 ONSC 7142, the practitioner was alleged to have failed to fulfill her professional obligations including