Read the Fine Print
Courts are increasingly interpreting regulatory legislation with its public interest purpose and intent in mind. However, the language of the provisions still matters, as was
Erica Richler
November 27, 2024
Courts are increasingly interpreting regulatory legislation with its public interest purpose and intent in mind. However, the language of the provisions still matters, as was
In discipline matters, abuse of process claims are generally premised on excessive delay and require prejudice to the registrant to result in a stay of
Discipline panels often must decide how to consider a registrant’s medical conditions or personal stress when imposing a sanction. Alberta’s highest court provided guidance on
Regulators are required to respond proportionately when their public protection mandate involves imposing consequences on a registrant’s expression: Doré v. Barreau du Québec, 2012 SCC
Clear and rigid rules are easiest to apply. For example, discipline panels would have an easier time if there was never a requirement to prove
Should a regulator postpone its investigations where the registrant is involved in a parallel proceeding addressing many of the same issues? In Bauhuis v Association
Much guidance has been given by regulators on the use of social media by registrants. For example, the Royal College of Dental Surgeons recently updated
In a discipline hearing, procedural fairness is intended to ensure that the registrant knows the concerns and has a full opportunity to respond to them.
Courts are much higher on the decision-making ladder than administrative tribunals. Courts can reverse tribunal decisions and issue directions for them to follow. Court decisions
Most public interest boards of directors have a Code of Conduct designed to facilitate the effectiveness of the board, protect staff from inappropriate conduct, and