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.
Deference to Discretion in Interim Suspensions
Interim orders have become increasingly important for protecting the public when dealing with disciplinary matters. Bill 87 is poised to permit Ontario health regulators to
The Use of Precedents when Imposing Disciplinary Orders (Part 2)
In another rare example of a College successfully appealing a decision of its own Discipline Committee, the College of Physicians and Surgeons of Ontario has
The Use of Precedents when Imposing Disciplinary Orders (Part 1)
The Divisional Court upheld a finding of sexual abuse and a resulting revocation of registration in College of Physicians and Surgeons of Ontario v. McIntyre,
Reviewing the Registration Process
The registration process is different from most other activities of a regulator. For example, the onus is on the applicant to establish meeting the requirements,
Reasonable Rejection of Reinstatement Request
In Manoukian v Ontario College of Pharmacists, 2017 ONSC 589, the former pharmacist had a significant discipline and criminal history. After being revoked for trafficking
Asking Good Character and Capacity Questions on Annual Renewal Form
In Health Sciences Association of Alberta v Alberta College of Paramedics, 2016 ABQB 723, the content of the annual renewal form was prescribed by subordinate
Context is Important in Assessing whether there is an Appearance of Bias
At day 39 of what would turn into a 60 day registration hearing, the applicant raised an appearance of bias concern. The concern was that
No Stay Pending Appeal in Ungovernability Case
In Kuny v College of Registered Nurses of Manitoba, 2016 MBCA 122, two findings of professional misconduct were made against nurse Kuny. The first was
Challenging an Undertaking Never to Re-Apply
Colleges often agree not to proceed with a discipline hearing if the practitioner undertakes to resign and never to re-apply for registration. This type of