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.
Going Solo During Investigative Interviews
Can a person who is under investigation insist upon having someone with them during an interview? That was the issue raised in British Columbia (Securities
Head in the Sand Strategy Fails Again
In Morgan v Institute of Chartered Accountants of Ontario, 2017 ONSC 1466, the practitioner failed to attend a discipline hearing because he felt the process
Assistance in Writing Discipline Reasons
Some regulators are experimenting with using administrative staff to sit in on the deliberations of a discipline panel, to make notes and help prepare the
Holding Out and Title Protection
It seems that many people try to skirt the rules about protected titles and holding out in the accounting field. This may be because it
Expanding the Scope of Interim Orders
In Morzaria v. College of Physicians and Surgeons of Ontario, 2017 ONSC 1940, a pediatrician faced serious allegations of isolating and sexually abusing a 13
Getting the Last Word
Even when ordering remediation, a committee has to provide procedural fairness. In Zaki v Ontario College of Physicians and Surgeons, 2017 ONSC 1613, the Inquiries,
Creative Defences to Sexual Abuse Allegations Fail
After numerous decisions by the Ontario Court of Appeal holding that the mandatory revocation provisions for sexual abuse are valid, one has to credit defence
Parity is not Dead
In College of Physicians and Surgeons of Ontario v Peirovy, 2017 ONSC 136, the Divisional Court refused to apply the “parity principle” where the range
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