Preliminary Screening Out of Complaints
One increasingly popular mechanism for regulators to allocate resources and avoid subjecting registrants to unnecessary stress is to decline to investigate complaints that are frivolous,
One increasingly popular mechanism for regulators to allocate resources and avoid subjecting registrants to unnecessary stress is to decline to investigate complaints that are frivolous,
A recent Alberta case reaffirms that regulators with the authority to compel information from registrants can require a registrant to give the regulator a copy
One of the most difficult tasks for a discipline panel is assessing the credibility of witnesses, particularly in sexual misconduct cases where most of the
Many regulators are permitted to require registrants to pay some or all of the costs of a discipline hearing if a finding is made against
When a disciplinary finding is made, hearing panels need to consider the relevant circumstances and not consider the irrelevant circumstances when imposing sanction. Are unproven
Regulators often negotiate, or even impose, restrictions on registrants in various contexts including registration with conditions, resolution of complaints and discipline orders. In Rak v.
Generally, regulators cannot be sued successfully for damages unless they acted in bad faith. Bad faith must be pleaded with particulars; a bald allegation is
The decisions of many complaints screening committees are subject to scrutiny by an independent tribunal. One of the options for the reviewing tribunal is to
Many regulators hold discipline hearings for registrants who do not have legal counsel. In Hirtle v. College of Nurses of Ontario, 2022 ONSC 1479 (CanLII),
Complaints’ screening committees frequently direct that the registrant participate in education and remediation. Registrants who dispute the accuracy of the complainant’s recitation of events sometimes