Category: News

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

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Scope of a Restraining Order

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

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Preventing Institutional Bias

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

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The Public Confidence Debate

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

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Good Character Is Not a Scorecard

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,

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