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.
You Can Reap Only What You Sow
In a professional misconduct case, the prosecution decides what seed to plant in the wording of the allegations. The prosecution is then restricted to reaping
Restricting the Activities of Suspended Members
There has been a lot of litigation over the years regarding the authority of regulators to restrict the activities of suspended members. One of the
Production Orders in Investigations Upheld
Are journalists’ notes exempt from regulatory investigators? The Court in Mulgrew v. The Law Society of British Columbia, 2016 BCSC 1279 says no. In an
Preventing Sexual Abuse
Most of the attention on the Sexual Abuse Task Force (SATF) report in Ontario has been focused on the proposed changes to the complaints, investigation
Independent Task Force Report on Sexual Abuse and the RHPA Released
Today the Ontario Ministry of Health and Long Term Care released the much anticipated Independent Task Force report “To Zero: Independent Report of the Minister’s
Fundamentally Reshaping Sexual Abuse Investigations and Prosecutions
Transfer the handling of all sexual abuse complaints from self-regulatory bodies to a central, independent, public agency and separate hearing tribunal. That is a key
Permission to Appeal Late Refused in Two Cases
In two recent cases the courts have refused to extend the time a practitioner could appeal a disciplinary decision. In the first case, the practitioner
Articulating Credibility Findings
Courts have said that in credibility cases adjudicators should say more than just that they believed one witness over another. There should be some explanation
Wilful Blindness and Recklessness
In professional misconduct hearings the regulator generally does not have to prove that the practitioner deliberately engaged in the conduct. Proving the act or omission