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.
Over-Broad Disclosure Requests
Occasionally practitioners argue that they have been singled out for regulatory action in ways that other members who have engaged in similar conduct are not.
When is a Breach of the Law in One’s Private Life Misconduct?
For most professions, the reach of the regulator extends to one’s private life in some circumstances. Typically, dishonesty or breach of trust outside of one’s
Considering Past History When Imposing Disciplinary Sanctions
In Thistle v. Law Society of Newfoundland and Labrador, 2017 CanLII 86502 (NL SCTD), a practitioner was disciplined for inappropriate conduct in mortgage transactions. The
Disclosure Duty Applies only to Relevant Information
In Peters v. The Law Society of Upper Canada, 2017 ONSC 7142, the practitioner was alleged to have failed to fulfill her professional obligations including
Only Obtain Information at the Hearing
Hearing panel members are often tempted to find out more about the case before them. It may be because of general curiosity. It may be
Continuing Credibility Confusion
Perhaps one of the most difficult tasks for a lay disciplinary tribunal is articulating the reasons for a credibility finding. In Ahmed v College of
Disability Not Necessarily a Basis for Nullifying an Unsuccessful Examination Attempt
Regulators offering a limited number of examination attempts face frequent requests to nullify an attempt by candidates who have been unsuccessful the maximum number of
Guidance on Interpreting Frivolous and Vexatious Provisions
Many regulators have a provision permitting them to not proceed with complaints that are frivolous, vexatious, made in bad faith, an abuse of process or
Cross-Border Internet Practice
Yesterday an important decision was rendered by the Ontario Superior Court on the cross-border internet practice of professions. In College of Optometrists of Ontario v.