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.
Outside Reading by Tribunal Members
Tribunal members are frequently admonished not to conduct independent research related to cases they hear. They are to obtain all of their information from the
Ongoing Duty to Ensure Expert Evidence is Impartial and Fair
An adjudicator’s duty to ensure that expert witnesses give neutral and impartial testimony just got a bit more challenging. In Bruff-Murphy v. Gunawardena, 2017 ONCA
Limits to the Good Faith Immunity for Regulators
Many lawsuits against regulators never make it to trial because the practitioner cannot demonstrate any basis to challenge the good faith of the regulator. In
Jordan’ Approach to Delay Not Applied to Delay in Discipline Cases
In Law Society of Upper Canada v. Abbott, 2017 ONCA 525, the Ontario Court of Appeal has provided guidance on a number of important issues
Failing to ‘Speak with One Voice’ is Grounds for Removal
A fundamental governance principle is that governing Boards or Councils should speak with one voice. When a decision has been made, individual Board or Council
No Need to Inquire into Language Proficiency of Legal Representatives
After a discipline hearing imposing sanctions on a veterinarian, he appealed on the basis that he did not have a fair hearing because his paralegal
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