Some Protected Titles May be Unconstitutional
Many regulators have two types of title protection provisions. The first reserves a title associated with a profession for use only by those registered with
Many regulators have two types of title protection provisions. The first reserves a title associated with a profession for use only by those registered with
Procedural missteps by a regulator can often be cured. In Volochay v College of Massage Therapist, 2019 ONSC 5718, http://canlii.ca/t/j2np8, serious allegations of sexual abuse
Prior to the enactment of private sector privacy legislation over the past couple of decades it was generally accepted that the filing of a complaint
Regulators do not have a duty to ensure that practitioners under investigation are satisfied that the investigation is well supported before the practitioner provides information
Imagine being the Chair of the Examination Committee of a professional regulator and receiving a report for review that is copied from one you have
When a tribunal makes an erroneous factual finding a court will review the significance of the error in determining whether to set aside the decision.
Most professional discipline statutes allow the imposition of a sanction upon a finding of misconduct. Sometimes called a “penalty”, the order imposes a consequence for
A relatively recent amendment to the Court’s Rules of Civil Procedure allows a court to dismiss an action that “appears on its face to be
In Gouniavyi v Yukon (Government of), 2019 YKSC 40, http://canlii.ca/t/j1zzn the discipline finding against a pharmacist was set aside because of a series of procedural
To establish a cause of action against a regulator for malicious prosecution, the plaintiff has to, obviously, plead and establish malice. In Bahadar v Real