Balancing a regulator’s duty of transparency against a registrant’s interest in privacy can often be challenging. Perhaps none would be more daunting than the balancing
Several court decisions indicate that a complainant enjoys a legal privilege when filing a formal complaint to a regulatory body and are immune from a
Most regulators can decline to investigate complaints that are frivolous, vexatious, an abuse of process or otherwise not in the public interest to pursue. It
Those of us in the field of professional regulation tend (perhaps wrongly) to place more importance on court-level judgments than on tribunal decisions. While court-level
Two of the more challenging legal principles for regulators to apply are accommodation and proportionality. Accommodation, in the human rights sphere, refers to adjusting a
The law of expert opinion evidence has been in flux in recent years. A recent Ontario Divisional Court decision has provided some insight into an
In civil litigation a party who achieves an outcome in court that is equal to or better than a previous offer to settle the proceedings
It is an important principle that a person receiving disclosure in the course of an investigation or regulatory proceeding cannot use that disclosure for other
The requirement to give notice of meetings in which policy issues will be discussed is not as rigorous as the requirement to give notice of
Finality of disciplinary decisions is important for the regulator, hearing participants, and the public. The significance of that principle is illustrated in Tan v. Ontario