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.
The “I Did Not Receive the Email” Defence Fails
In The Law Society of Manitoba v Alghoul, 2018 MBCA 23, http://canlii.ca/t/hqx9n, a lawyer was sent numerous emails from an adjudicator which he did not
Regulator Implements Anonymous Tip Line Recommendation
The groundbreaking June 2016 report of the Independent Advisory Group into the regulation of the real estate industry in British Columbia contained the following recommendation:
What Constitutes a Final Decision?
Appeals of most regulatory decisions are only available if the decision is final. In civil cases, there has been much litigation about what constitutes a
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
The Next Step in Combatting Sexual Abuse
The government is consulting on three separate regulations as part of its ongoing efforts to eradicate sexual abuse by health care practitioners. In the first,
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