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.
Participant Expert Witnesses
Generally expert witnesses must be neutral and they must provide a written report of their opinion well in advance of any hearing. Last year the
Absolute Liability Findings
While most professional misconduct does not require the proof of intent to do something wrong, generally evidence of taking all proper precautions will result in
Basis for Exemptions of Registration Requirements
A recurring theme in registration cases is the consideration of special circumstances for exempting registration requirements. An Alberta court upheld the reasonableness of the refusal
Another View of the Role of Screening Committees
In Ontario the law is pretty well settled that complaints screening committees do not make findings of wrongdoing and do not impose sanctions when directing
Giving More than is Asked
Just as Discipline Committees should accept a joint submission unless it would bring the administration of justice into disrepute, so they should not impose a
Guidance on Definition of Bad Faith
Ever since the Supreme Court of Canada in Finney v. Barreau du Québec, [2004] 2 S.C.R. 17 suggested that some forms of negligence could constitute
Cross-Border Internet Practice Permitted
The Quebec Court of Appeal has limited the authority of a regulator to prevent the treatment of patients within the province by out-of-province practitioners. A
Mobility and Good Character
Dr. Lum is a dentist in British Columbia with a long history of complaints, some of which resulted in remediation. However, he was in good
Collateral Consequences of Guilty Pleas
Guilty Pleas must be voluntary, unequivocal and informed. The Ontario Court of Appeal allowed a person to withdraw his guilty plea for dangerous driving because