Raising Abuse of Process Concerns
The Divisional Court has again confirmed that abuse of process concerns should first be raised with the discipline panel rather than by an application for
The Divisional Court has again confirmed that abuse of process concerns should first be raised with the discipline panel rather than by an application for
It is difficult to sue a regulator for their investigations even if the resulting discipline hearing is resolved in the practitioner’s favour. The practitioner needs
Appealing a clinical assessment or examination is challenging. Even in the internal appeal stage, where there are experts present, it is often impossible for the
It is trite to say that a discipline panel can only make findings in respect of the allegations contained in the notice of hearing document.
It is professional misconduct to be significantly rude to one’s colleagues. In the legal profession such rudeness is often called “incivility”. It is more challenging
Can a practitioner withdraw a formal undertaking made to a regulator? That issue arose in Al-Naami v College of Physicians and Surgeons of Alberta, 2021
The complaints screening process is not a discipline hearing, so complaints screening bodies should be careful not to make credibility findings as if it were
Regulators sometimes address conduct by practitioners that are also being addressed by the courts. For example, a practitioner can be disciplined for sexual abuse and
In an old case that was controversial at the time, a medical practitioner acting in the capacity as a journalist published an article about a
Courts are becoming more assertive in controlling vexatious litigants. A recent decision from Alberta indicates that in some circumstances Courts will prevent vexatious complaints to