Let Me Count the Defences
There are many types of claims (called “causes of action”) that can be made against regulators. There are also several defences that regulators can raise
There are many types of claims (called “causes of action”) that can be made against regulators. There are also several defences that regulators can raise
Many regulators can ask a court to direct an unregistered person to stop performing controlled acts, using a protected title, or holding themselves out as
Many regulators have provisions that prevent at least some of their information, documents, or decisions from being used in civil proceedings. The purpose of these
Many regulators house the investigation, screening, prosecution, and adjudication of discipline matters within the same organization. Courts have consistently held that where such structures are
Many regulators are protected from civil lawsuits with respect to actions taken in good faith. Anyone suing a regulator must specify facts that, if proved,
There is no doubt that regulatory decision makers should consider whether public confidence will be advanced by what they do. However, two recent Canadian appeal
Regulators, including their tribunals, are subject to the Human Rights Code. However, the decisions of their tribunals are not subject to review by the Human
Complaints-screening committees determine whether a concern warrants a referral to discipline or, failing that, deserves remedial action. Can a decision to take no action (or
For more than three decades, health regulatory legislation has moved towards zero tolerance for sexual abuse of patients by registrants. A recent Alberta Court of
Most regulators require that an applicant for registration or licensure be of “good character”. Where the applicant has previously demonstrated a lack of integrity, propriety,