Ontario’s Divisional Court has again affirmed the deference shown towards disciplinary decisions on sanction (penalty). In Ontario (College of Pharmacists) v. Mourid, 2023 ONSC 1221
There seems to be a flurry of cases recently on the procedural fairness requirements for committees that investigate and screen complaints. The most recent offering
Ever since the mathematics proficiency test for Ontario teacher candidates was found to be discriminatory for racialized (and other, e.g., candidates whose first language was
Refusing an adjournment is a tricky business for a regulator. Where a reviewing court determines that the adjournment should have been granted, the resulting hearing
Courts have emphasized the importance of open hearings to Canadian society, which transparency includes prompt access to hearing exhibits. That public access sometimes results in
Regulators investigate complaints. Many regulators investigate a lot of complaints. A recurring issue is how thorough those investigations need to be. Courts have repeatedly said
Where a tribunal makes a procedural error, prompt correction can permit the hearing to continue without immediate challenge. In Hemminger v. Law Society of British
It is sometimes difficult for complainants to appreciate the role of regulators of professions when dealing with their complaints. In Gao v. Health Profession Appeal
The role of a complainant in the complaints process is unclear. Are they merely a source of information? Do they have a legal interest in
Can a registrant rely on mitigating factors that they earlier argued do not exist? That issue arose in College of Early Childhood Educators v. Phillips,