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.
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
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