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.
Need for Regulators to Obtain All of the Important Evidence
A regulator’s duty of disclosure applies only to the information it has. If a practitioner wishes to obtain evidence from a third party, it has
This is What Procedural Fairness for a Self-Represented Party Looks Like
In Challans v Timms-Fryer, 2017 ONSC 1300, the complainant was a party to the discipline hearing of a police officer. There already was a regulatory
Alberta Affirms Ability of Regulators to Make Rules
Sobeys challenged the validity of the rules restricting the ability of pharmacies to offer inducements (i.e., loyalty points) to patients purchasing drugs. After Sobeys had
Not Ungovernable
An occupational therapist was ordered by the Discipline Committee to successfully complete an ethics course; the requirement was made a term, condition and limitation on
Significant Penalty for Borrowing Money from Clients
In College of Physicians and Surgeons of Ontario v. Virani, 2017 ONSC 3445 a physician borrowed over $600,000 from two patients to make an investment.
Investigative Access to a Practitioner’s Electronic Devices
The Alberta Court of Appeal has reinforced a lower court ruling that, where relevant, a regulator can have access to a practitioner’s electronic devices even
Practical Examination Appeals
Appeals of practical (i.e., OSCE) examination results are always challenging. Invariably there are disputes as to the candidate’s right of access to examination materials and
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