Opinion Evidence from “Employees with Expertise”
The law of expert opinion evidence has been in flux in recent years. A recent Ontario Divisional Court decision has provided some insight into an
Erica Richler
January 15, 2025
The law of expert opinion evidence has been in flux in recent years. A recent Ontario Divisional Court decision has provided some insight into an
In civil litigation a party who achieves an outcome in court that is equal to or better than a previous offer to settle the proceedings
It is an important principle that a person receiving disclosure in the course of an investigation or regulatory proceeding cannot use that disclosure for other
The requirement to give notice of meetings in which policy issues will be discussed is not as rigorous as the requirement to give notice of
Finality of disciplinary decisions is important for the regulator, hearing participants, and the public. The significance of that principle is illustrated in Tan v. Ontario
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