Interim suspensions (or other orders) during an investigation are always challenging for Courts to decide. Typically, they are challenged through an application for judicial review.
There is continuing ambiguity as to the impact of a practitioner’s bankruptcy proceedings on disciplinary sanctions. The goal of the bankruptcy process is to enable
Courts are frequently tasked with deciding whether a discipline sanction should commence even though an appeal or judicial review is pending. Even where a court
Occasionally regulators have to address breaches of their Code of Conduct by a Board or Council member. Where the concerns amount to allegations of wrongdoing
In Matheson v. College of Physicians and Surgeons of Ontario, 2021 ONSC 7597 (CanLII), https://canlii.ca/t/jktjh the regulator received a complaint that the practitioner saw a
Most regulators consult with the public and the profession when making or amending its rules or policies. However, is this a legal requirement? And should
It is trite law that the burden of proof in discipline matters is on the regulator. However, this concept can be pushed too far. In
How long should a person be jailed for contempt of court for a second breach of a restraining order for illegal practice? British Columbia’s highest
Courts are more frequently requiring parties to complete the administrative process before seeking a judicial remedy. A prime example is found in Gill v. College
Should different professions impose the same standards, and the same sanctions, for the same conduct? In Jobin c. Technologues (Ordre professionnels des), 2021 QCTP 83