As regulators summarize complaints and discipline decisions for publication, practitioners often dispute the synopsis. This issue arose in an earlier version of Bill 87 where
For a number of years now the Courts have asserted that it will review most decisions of regulators on the basis of the reasonableness, rather
The Alberta Court of Appeal indicates that it is almost impossible to find independent legal counsel (ILC) in discipline matters liable for malicious prosecution. In
The fascinating case of Registrar, Real Estate and Business Brokers Act v. Stolberg, 2017 ONSC 5904 provides guidance on the challenges of regulating dishonesty by
In recent weeks there have been three separate initiatives by Ontario’s politicians to address conflicts of interest. Bill 160 would require drug manufacturers and makers
Courts have said for some time that in standards of practice cases the regulator generally needs to call expert evidence. In Hanif v College of
In Maroofi v College of Physicians and Surgeons of B.C., 2017 BCSC 1558, a physician received a letter of caution from the Inquiry Committee of
It is an oversimplification to say that intent is not required to prove professional misconduct. Sometimes it is. The recent case of Law Society of
A regulator’s duty of disclosure applies only to the information it has. If a practitioner wishes to obtain evidence from a third party, it has
In Challans v Timms-Fryer, 2017 ONSC 1300, the complainant was a party to the discipline hearing of a police officer. There already was a regulatory