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.
Sanctioning Sparseness
It is, unfortunately, not uncommon for some applicants to use the protected title and begin practising before the application for registration is completed. Regulators struggle
Risky Resolutions
Negotiated resolutions are generally considered a good thing, including in the discipline hearing context. They generate an almost certain outcome, without the risk of unpredictable
Reviewing Reinstatement Requests
Revoked registrants can usually apply for reinstatement after a specified period of time. While the criteria for reinstatement vary, usually one issue is whether the
Playing Chicken with Adjournments
For regulators, one of the more frustrating aspects of the discipline process is when a registrant asks for repeated and extended deferrals of discipline hearings
Muted Modernization for the Regulation of BC Legal Practitioners
The move in British Columbia to modernize the regulation of legal practitioners has run into significant opposition by advocates for the independence of legal professionals,
Sexual Innuendo on TikTok is Unprofessional
Regulators can act when registrants engage in sexual innuendo on TikTok, at least when the postings relate to their practice, and they are health practitioners.
The Business Did It
Business structures for registrants are quickly evolving in many sectors. Accountability for registrants is sometimes disputed where only the individuals, and not the business entities
A Suspension Is a Suspension
Ontario’s Divisional Court has upheld a finding that a registrant engaged in professional misconduct by trying to circumvent the impact of a suspension. In Casella
Imputing Bias by Independent Legal Counsel to the Tribunal
Can independent legal counsel (ILC) for a discipline hearing tribunal create an appearance of bias for the tribunal itself? In Power v. Association of Chartered