Penalty Again
Given the principle of proportionality (i.e., that the sanction in discipline cases should be relatively consistent), it is often difficult to raise the range of
Natasha Danson
July 5, 2021
Given the principle of proportionality (i.e., that the sanction in discipline cases should be relatively consistent), it is often difficult to raise the range of
Whether and when regulatory staff and prosecuting counsel can be sued for malicious prosecution has always been unclear. The recent case of Bahadar v Real
Probably the best way to see the level of scrutiny of disciplinary decisions since the decision of Canada (Minister of Citizenship and Immigration) v. Vavilov,
A former member facing a discipline hearing challenged the regulator’s decision to publish notice of the upcoming hearing, as well as the right to hold
While some regulators in Ontario are accountable to appeal tribunals (e.g., Licence Appeal Tribunal) and many Ontario regulators are scrutinized by the Office of the
A deliberate breach of an injunction restraining illegal practice deserves significant sanction. Such conduct is contempt of court. However, determining the severity of the sanction
The trend in court decisions to recognize regulators’ broad investigative powers was reinforced in the decision of A Lawyer v The Law Society of British
One of the concerns about witnesses testifying in a virtual hearing is that other people might be present who can influence their testimony. It is
As courts become more assertive in restricting vexatious litigants, a new form of legal proceeding is emerging. A court order restraining vexatious litigants typically requires
The Ontario Divisional Court continues to show deference to sanctions (or penalties) imposed by regulators. In 1855456 Ontario Inc. v. Registrar, Motor Vehicle Dealers Act,