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.
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
Drawing the Line Between Privacy and Transparency
Public bodies struggle to draw the line between respecting the privacy of individuals and being transparent, and the line keeps moving. Take the example of
Ontario Launches Red Tape Challenge
The Ontario government is attempting a new form of consultation. It is online. It permits anonymous submissions. And it looks at one sector of activity
How Strong Must the Evidence be Before Making an Interim Order?
“Not very”, says the British Columbia Court of Appeal. When a screening committee decides whether there should be restrictions on the practitioner until the discipline
Regulatory Rule-Making Still Under Increased Scrutiny
A lower Alberta court disagrees with the British Columbia Court of Appeal and says regulators need empirical evidence that their rules protect the public interest.