Grey Areas

SML’s Grey Areas newsletter has been in publication since July 1992 and discusses the latest developments in professional regulation. New issues are published monthly – subscribe below to learn more about recent studies, case law and legislative updates in the regulatory world. Explore our catalogue below.

Issues published before 2020 can be found on CanLII.

July 2022 Special Edition, Issue No. 269– Regulators Breathe a Sigh of Relief

The Supreme Court of Canada has just released its most significant decision for professional regulators since Green v. Law Society of Manitoba, 2017 SCC 20 (CanLII), [2017] 1 SCR 360, https://canlii.ca/t/h2wx1. The issue of when inordinate delay constitutes an abuse of process in the professional disciplinary context has been uncertain since some very restrictive rules were imposed in criminal proceedings.

Summer 2022, Issue No. 268– 100 Registration Cases Over Three Years Part 4: Procedure and Jurisdiction

The Health Professions Appeal and Review Board (HPARB) renders a lot of decisions. Many, of course, have similar issues and reviewing them can become repetitive. Few people have the luxury of reading all of the decisions. As an experiment, we reviewed 100 recent registration decisions of HPARB decided over the past three years. Our goal was to see if we

June 2022, No. 267– 100 Registration Cases Over Three Years Part 3: Policy Issues Related to Registration

The Health Professions Appeal and Review Board (HPARB) renders a lot of decisions. Many, of course, have similar issues and reviewing them can become repetitive. Few people have the luxury of reading all of the decisions. As an experiment, we reviewed 100 recent registration decisions of HPARB decided over the past three years. Our goal was to see if we

May 2022, Issue No. 266– 100 Registration Cases Over Three Years Part 2: Education and Examination Requirements

The Health Professions Appeal and Review Board (HPARB) renders a lot of decisions. Many, of course, have similar issues and reviewing them can become repetitive. Few people have the luxury of reading all of the decisions. As an experiment, we reviewed 100 recent registration decisions of HPARB decided over the past three years. Our goal was to see if we

April 2022, Issue No. 265– 100 Registration Cases Over Three Years Part 1: Burden of Proof

The Health Professions Appeal and Review Board (HPARB) renders a lot of decisions. Many, of course, have similar issues and reviewing them can become repetitive. Few people have the luxury of reading all of the decisions. As an experiment, we reviewed 100 recent registration decisions of HPARB decided over the past three years. Our goal was to see if we

March 2022, Issue No. 264– External Review of Regulators by the Auditor General

There are proposals circulating that will expand the mandate of the Auditor General of Ontario to include auditing self-governing professions. It appears that such reviews will not be limited to the financial integrity of regulators. Given the recent audits of other arms-length regulators of professions and industries, the scope of those reviews will extend to questioning the regulatory approaches and