The Other Side of Lauzon
Most of the attention in media and legal circles about the Ontario Court of Appeal’s decision in the Lauzon case will focus on the concept of judicial
Most of the attention in media and legal circles about the Ontario Court of Appeal’s decision in the Lauzon case will focus on the concept of judicial
Disciplinary tribunals are often hesitant to give extensive reasons, especially for credibility findings. Reasons are difficult to write at the best of times, especially for
As the “culture wars” become more frequent in Canada, regulatory Boards (sometimes called Councils) will not be immune from challenges to its authority. Difficult decisions
The Ontario Divisional Court continues to apply strict limits to any departure from a joint submission in discipline cases. A discipline panel may only reject
In criminal law, courts are required to apply the Gladue principles to defendants who identify as Indigenous. This duty requires courts to consider the impact of colonization
The concept that the definition of misconduct is important in discipline matters is illustrated by May v. Law Society of British Columbia, 2023 BCCA 218 (CanLII).
Since the decision of Agnew v Ontario Assn. of Architects (Div. Ct.), 1987 CanLII 4030 (ON SC), the principle of deliberative secrecy has been applied to tribunals.
The rules for a health practitioner accessing a patient’s personal health information can be complex. In Ontario, those rules are mostly codified in the Personal Health
What should a regulator do when provided, illegally, with unsolicited information of registrant misconduct? A recurring example for regulators relates to information obtained during the
Regulators often enforce their registrants’ duty to assist with investigations by disciplining them for non-cooperation. However, regulators with a provision in their enabling legislation authorizing