Applicants for registration often become frustrated when the regulator probes into areas of concern relating to their professional suitability (sometimes called “good character”). In Howell
A senior osteopathic practitioner and instructor knew that performing an internal vaginal procedure was a “controlled act” that was not permitted to him under the
In registration matters, regulators often ask for additional information to support the application. Often the application is considered incomplete until all of the requested information
There has been increasing scrutiny of the fairness of registration requirements based on the criminal record of applicants. To address that concern, many regulators conduct
In 1979, Ontario’s Divisional Court said that an allegation of professional misconduct “is not in the form of [a criminal] indictment and it should not
When there is a concerning connection between counsel to a party in a proceeding and the adjudicator, who should step aside? In Whearty v. Ontario
An adjudicator’s exploration of personal opportunities with a participant in a pending case before them can constitute an appearance of bias. Typically, this occurs where
Balancing a regulator’s duty of transparency against a registrant’s interest in privacy can often be challenging. Perhaps none would be more daunting than the balancing
Several court decisions indicate that a complainant enjoys a legal privilege when filing a formal complaint to a regulatory body and are immune from a
Most regulators can decline to investigate complaints that are frivolous, vexatious, an abuse of process or otherwise not in the public interest to pursue. It
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