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.
Use of Evidence of Disability in Discipline Hearings
Regulators continue to face the difficult task as to how to balance evidence of some degree of disability (e.g., mental or cognitive impairment, substance abuse
Raising the Ineffective Assistance of Defence Counsel as a Ground of Review
Occasionally, practitioners raise the issue of the ineffective assistance of defence counsel as a ground for reviewing an adverse disciplinary decision. This sort of issue
Makes its First Appearance at Discipline
Earlier this year the Supreme Court of Canada imposed strict time limits for criminal proceedings in R. v. Jordan, 2016 SCC 27. Absent special circumstances,
Far Reaching Interim Order in Unauthorized Practice Case
In Ontario College of Pharmacists v Thi Kim Tien Nguyen, 2016 ONSC 7639, a pharmacist undertook to resign, cease practising and transfer ownership or close
When is being Transparent Defamatory?
At times there is tremendous pressure on the government and a regulator to be transparent about possible incompetence or misconduct that undermines confidence in the
Serving Documents, Technically
Technical arguments do not usually succeed in professional regulation unless there is some actual unfairness. Two recent cases confirm this principle. In Institute of Chartered
It’s All Circumstantial
Insider trading cases are often circumstantial in nature. Fiorillo v Ontario Securities Commission, 2016 ONSC 6559 is no different. In a very lengthy decision, the
Establishing Holding Out Through Facebook and LinkedIn
It can be challenging for regulators to prove holding out based primarily on social media postings. The case of Law Society of Saskatchewan v Siekawitch,
Searching a Member’s Home for Private Dishonesty
It is rare for regulators to search a member’s home. However, in Law Society of Saskatchewan v Abrametz, 2016 SKQB 320 the Court held that