When Is a Rule Targeted?
Courts tend to give deference to regulators when they enact subordinate legislation such as regulations, by-laws, or rules. So long as the provision furthers the
Courts tend to give deference to regulators when they enact subordinate legislation such as regulations, by-laws, or rules. So long as the provision furthers the
The recent decision in Khan v. Law Society of Ontario, 2024 ONSC 3092 (CanLII), has sparked renewed interest by regulators of professions in whether the
Courts are extremely hesitant to consider a judicial review application while an administrative process is ongoing. Such applications will generally be dismissed or stayed as
When discipline proceedings are protracted, what weight should be given on sanction to the registrant behaving professionally while the proceedings are ongoing? That issue took
Many discipline tribunals have rules permitting a party to request that the other party admit non-contentious facts or the authenticity of documents. However, if the
There is significant discretion in imposing a penalty for civil contempt of court for breaching an order prohibiting the unauthorized use of title, holding out,
The principle of open hearings has taken on greater significance in recent years. It is rare for the privacy interests of a party to regulatory
The authority and process for investigators to access and copy the electronic devices of registrants is an evolving area of law for regulators. A discipline
There has been a recent emphasis on the need to process registration applications quickly. In Ontario, legislative timelines are imposed on regulators. The impact of
A frequent discussion at the courts in recent years is how regulators are to balance interests protected by the Canadian Charter of Rights and Freedoms