Precautionary Principle Does Not Prevail
What should a regulator do where: A novel procedure (in this case dealing with the disposition of deceased human bodies) is not being operated safely
What should a regulator do where: A novel procedure (in this case dealing with the disposition of deceased human bodies) is not being operated safely
In the high profile case of Howe v Nova Scotia Barristers’ Society, 2019 NSCA 81, http://canlii.ca/t/j3085 a lawyer was found at discipline to have “been
The all-party steering committee formed after the publication of Harry Cayton’s report last April (see: https://sml-law.com/wp-content/uploads/2019/11/cayton-report-college-of-dental-surgeons-2018.pdf) has released a consultation paper with specific recommendations. The
Courts give regulators deference. In some cases that deference is quite broad. An example of broad deference is found in Pomarenski v Saskatchewan Veterinary Medical
There is little doubt that it is rare for a Court to stay the simple investigation of a complaint pending the outcome of an application
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