Past Issues

REGULATION PRO 

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Please note that the information contained in Regulation Pro is not intended to be legal advice and is not intended to be acted upon. The information contained herein is intended for general information and educational purposes only.

To view past Regulation Pro Blog posts, click on the year below:

January – August 2020

  • Retirement Rather than Revocation
  • Mild Cognitive Impairment
  • A Non-Lawyer’s Guide to Change in Court Scrutiny of Administrative Decisions
  • Incapacity Restrictions
  • Discernment and Insight
  • Incarceration for Regulatory Offences
  • Uncertainty Continues for Regulators Defending their Reputations
  • Restraining Illegal Practice
  • Using the Competition Act to Engage in Unauthorized Practice
  • Expanded Remedies in Judicial Review
  • Does Bankruptcy Extinguish an Administrative Penalty?
  • Deference Continues for Policy Decisions by Regulators
  • Breach of Confidentiality
  • Emergency Suspension of Limitation Periods and Procedural Timelines
  • Gross Carelessness by Regulators Must Be Extreme for There to Be Liability
  • Reasons for Examination Failure Need to Cover All Grounds of Appeal
  • Credibility is Not an Either / Or Proposition
  • Access by a Regulator to Highly Confidential Client Files
  • Limits to the Doctrine of Necessity
  • Anonymizing Investigations
  • Sentencing Considerations for Contempt of Court for Holding Out and Use of Title
  • Imposing Electronic Hearings without Consent
  • Another Monster Case
  • Some Implications of Online Hearings
  • Appointing an Administrator
  • Another Aspect of Electronic Hearings
  • Finality of Referrals to Discipline
  • Demonstrating Bias by Questioning a Witness
  • Off Duty Conduct
  • Using Every Regulatory Tool (During a Pandemic)
  • The Whistleblower Defence
  • Close Review of Credibility Findings
  • Judicial Scrutiny of Disciplinary Penalties
  • Using a Practitioner’s Status and Prestige
  • Reconsideration of Returned Decisions
  • Duty of Regulators to Assist Struggling Practitioners
  • Alberta’s Regulatory Reform
  • Restraining Rogue Registrants
  • “Invigorated” Undue Delay Scrutiny
  • Intervention by a Party’s Former Lawyer
  • Warning Letters are Not Subject to Judicial Review
  • No Pandemic Exceptions
  • A Rare Case of Excessive Delay
  • Acknowledging the Apparent
  • Criminal Search Warrants for a Regulator’s Files

2019

  • Refusal of an Adjournment Upheld
  • Particulars of Bad Faith
  • Searching for Professionals on Google
  • Air of Reality
  • Mistakes vs. Misconduct
  • Not Vague and Unenforceable
  • Discretion to Refuse to Process Complaints
  • Staying out of Civil Proceedings
  • Holding Out
  • Evidence in Judicial Review of Examination Appeals
  • Public Interest Litigation Against Investigators
  • Limits to Accommodating Self-Represented Practitioners
  • Staying Discipline Orders During an Appeal
  • Criteria for Measuring a Successful Regulator
  • Removing Information from the Public Register
  • Regulators Have No Vicarious Liability for Actions of Practitioners
  • Referencing Absolute and Conditional Discharges in the Public Register
  • Incapacity Incongruity
  • The Cayton Report
  • Time and Stability Is Not Enough
  • Time Might Eventually Be Enough
  • Complaints Against Adjudicators
  • Duty of Candour Exists in Canada
  • Protecting Quality Assurance Information
  • Failing to Comply with a Remedial Order
  • Geographical Jurisdiction over a Practitioner’s Conduct
  • Proving Inadequate Supervision of Unregistered Persons
  • New Approach to Vexatious Litigants
  • Reviewing the Prior History of a Practitioner in Complaints Matters
  • Legal Status of a Regulator’s Policies
  • Federal Trade Marks and Provincially Protected Terms
  • US Debate About De-Regulation Just Got More Nuanced
  • Reviewing a Draft of an Adjudicator’s Decision and Reasons
  • Can a Practitioner’s Privacy be Protected by the Terms of an Adjournment?
  • Cooperation with One’s Regulator Must be Prompt
  • Broad and Flexible Injunction Powers
  • Scope of Terms, Conditions and Limitations
  • Following Your Own Policies and Procedures
  • Progressive Discipline is Not Arithmetic
  • Costs Against a Regulator Not Confined to Bad Faith Prosecutions
  • Duty to Cooperate with a Regulator’s Quality Assurance Program Upheld
  • Timely Access to Discipline Hearing Exhibits
  • Disciplining Contentious Practitioners
  • The Wettlaufer Inquiry Report: Implications for Regulators
  • Factual Errors by a Complaints Screening Body
  • Protecting Regulators from Defamation and Harassment
  • Revocation Stayed but Publication Continues Pending Appeal
  • The Most Complex Discipline Case in Recent Memory
  • Compelling a Reluctant Witness to Testify in a Sexual Abuse Matter
  • Formulating a Penalty Order in Discipline in Sexual Abuse Cases
  • Another Interim Order in a Sexual Abuse Case is Reduced
  • Nova Scotia Independent Review of Sexual Abuse Processes
  • Lack of Insight Justifies Revocation
  • The Precautionary Principle
  • Proving Contempt of Court on Circumstantial Evidence
  • Procedural Fairness for Registration Assessments
  • Challenging the Constitutional Validity of Admission Requirements
  • The Right of a Practitioner to Defend Themselves
  • What Do we Do Now?
  • Adding Parties to a Proceeding
  • Stay Granted Where Public Not At Risk
  • Banning Publication
  • What Constitutes Malice?
  • Disclosing the Names of Panel Members
  • Claim Against Regulator is an Abuse of Process
  • Forward Looking vs. Backward Looking Sanctions
  • False Factual Findings
  • Proving Plagiarism
  • Fishing Expeditions and Frustrated Investigations
  • Accessing Files When Responding to a Complaint is not a Privacy Breach
  • Curing Procedural Deficiencies
  • Some Protected Titles May be Unconstitutional
  • Rare Order Stays Investigation of a Complaint
  • Registrar of Regulator Testifies as an Expert Witness
  • BC Reforming the Regulation of Health Professions
  • No Discrimination Found
  • Precautionary Principle Does Not Prevail
  • Responsibilities of a Designated Manager
  • Judicial Scrutiny of Delegated Regulation
  • The Legality of Government Directives

2018

  • Is Providing One’s Views Different from Giving Advice?
  • A Nice Summary
  • Cross-Border Internet Practice
  • Guidance on Interpreting Frivolous and Vexatious Provisions
  • Disability Not Necessarily a Basis for Nullifying an Unsuccessful Examination Attempt
  • Continuing Credibility Confusion
  • Only Obtain Information at the Hearing
  • Disclosure Duty Applies only to Relevant Information
  • Considering Past History When Imposing Disciplinary Sanctions
  • When is a Breach of the Law in One’s Private Life Misconduct?
  • Over-Broad Disclosure Requests
  • Relying on Stolen Evidence
  • Proving Patterns
  • You Gotta Come to the Party to Dance
  • Inferences vs. Speculation
  • Short Term Gain for Long Term Pain
  • Showing Respect
  • The Next Step in Combatting Sexual Abuse
  • Dropping the F Bomb
  • What Constitutes a Final Decision?
  • Regulator Implements Anonymous Tip Line Recommendation
  • The “I Did Not Receive the Email” Defence Fails
  • Ungovernability: The Sequel
  • Internal Appeals
  • A New Test for Interim Mandatory Injunctions
  • Considering Exemptions for Registration
  • Disability and Disciplinary Orders
  • The Impact of Bankruptcy on Disciplinary Fines and Costs
  • Changing Society and Historical Law
  • Public Has a Constitutional Right of Access to the Record of a Hearing
  • Court Review of Credibility Findings
  • Parity in Penalties Remains Important
  • Complaints Against Staff of a Regulator
  • Court of Law vs. Court of Public Opinion
  • Considering a Prior Decision that is Under Review
  • What to Include in the Reasons for Imposing a Sanction
  • Few Lessons for Regulators from Groia
  • Raising the Bar is Not Easy
  • Oversight Responsibilities of the Responsible Minister
  • Going Behind the Corporate Veil
  • Test for Establishing Negligent Investigations
  • Accommodation Has to be Requested
  • The Kitchen Sink
  • Incarceration an Order of Last Resort in Unauthorized Practice Cases
  • Re-Enactment of the Events by Disciplinary Tribunal Upheld
  • Do Additional Considerations Apply to Applications for Registration by Indigenous Persons?
  • Defamation Challenge to Transparency Fails
  • Reasons for Registration Decisions
  • Adjournments and Compelled Testimony
  • Procedure and Criteria for Accessing Mental Health Records
  • Reformation of the Practitioner vs. Respect for the Profession
  • Combined Investigations Upheld
  • Jurisdiction Over Conduct Before Registration
  • Crossing the Line
  • Further Clarity on the Mental Intent for Professional Misconduct
  • Controlled Acts Injunction
  • Practising Law is Practising Law
  • Scope of Investigations
  • Interim Orders and Evidence of Exposure to Harm
  • Authority of Oversight Bodies
  • Good Reasons Save the Day
  • No Consent Required
  • Ten Implications of Cannabis Legalization for Regulators
  • Injecting Clients into a Professional Dispute is Misconduct
  • Excessive Delay
  • More Guidance on Awarding Costs at Discipline
  • Process Challenges
  • Refusing to Consider Competencies Obtained Outside of School
  • Not Enforcing Administrative Penalties
  • Wording of Restraining Orders
  • Lisbon Recognition Convention
  • A Court-Approved Approach to Making Defensible Credibility Findings
  • A National Regulatory Body is Possible in Canada
  • Disparaging Comments Misconduct Finding Upheld
  • Deference to Clinical Examination Results
  • Burden of Proof in Registration Applications Involving Good Character
  • Screening Committee Decisions
  • A Nice Summary of the Standard of Review in Discipline Sanction Cases
  • Two Recent Reminders of the Importance of Effective Governance
  • When Acting as a Licensee

2017

  • Establishing Holding Out Through Facebook and LinkedIn
  • It’s All Circumstantial
  • Serving Documents, Technically
  • When is being Transparent Defamatory?
  • Far Reaching Interim Order in Unauthorized Practice Case
  • R v. Jordan Makes its First Appearance at Discipline
  • Raising the Ineffective Assistance of Defence Counsel as a Ground of Review
  • Use of Evidence of Disability in Discipline Hearings
  • Challenging an Undertaking Never to Re-Apply
  • No Stay Pending Appeal in Ungovernability Case
  • Context is Important in Assessing whether there is an Appearance of Bias
  • Asking Good Character and Capacity Questions on Annual Renewal Form
  • Reasonable Rejection of Reinstatement Request
  • Reviewing the Registration Process
  • The Use of Precedents when Imposing Disciplinary Orders (Part 1)
  • The Use of Precedents when Imposing Disciplinary Orders (Part 2)
  • Deference to Discretion in Interim Suspensions
  • Parity is not Dead
  • Creative Defences to Sexual Abuse Allegations Fail
  • Getting the Last Word
  • Expanding the Scope of Interim Orders
  • Holding Out and Title Protection
  • Assistance in Writing Discipline Reasons
  • Head in the Sand Strategy Fails Again
  • Going Solo During Investigative Interviews
  • It is Professional Misconduct to Say: “I should shoot you”
  • Enough is Enough
  • Bias by Association
  • Collateral Attacks at the Human Rights Tribunal Disallowed
  • A National Examination Board is Legal
  • Charging Fees to Non-Members
  • Can the Sanctions Panel be Differently Constituted from the Findings Panel?
  • Testimonial Trespasses
  • Is a Person Who Receives Episodic Services a Client?
  • Reasons by a Complaints Screening Committee
  • Practitioners Who Wear Two Hats
  • Role of the Complainant
  • Trying to Taint a Hearing Panel by Your Own Motion
  • Penalty Precedents and Assignment of Panels
  • No Need to Inquire into Language Proficiency of Legal Representatives
  • Failing to ‘Speak with One Voice’ is Grounds for Removal
  • ‘Jordan’ Approach to Delay Not Applied to Delay in Discipline Cases
  • Limits to the Good Faith Immunity for Regulators
  • Ongoing Duty to Ensure Expert Evidence is Impartial and Fair
  • Outside Reading by Tribunal Members
  • Practical Examination Appeals
  • Mobility Provisions and Unauthorized Practice
  • Investigative Access to a Practitioner’s Electronic Devices
  • Significant Penalty for Borrowing Money from Clients
  • Not Ungovernable
  • Alberta Affirms Ability of Regulators to Make Rules
  • This is What Procedural Fairness for a Self-Represented Party Looks Like
  • Need for Regulators to Obtain All of the Important Evidence
  • Intent Requirements for Professional Misconduct
  • Caution and Criticisms Letter
  • The Rationale for Calling Expert Evidence in Standards Cases
  • Legislating Professional Conduct
  • Regulating Dishonesty
  • Liability of Independent Legal Counsel
  • Judicial Review of Procedural Fairness
  • Summarizing Disciplinary Decisions
  • Avoiding Judicial Review Application Delays
  • Regulators Cannot Easily Resolve Personal Conflicts between Colleagues
  • Interim Order Stayed
  • Disclosure During Investigations
  • Can a Party Ferret Out Dissenters?
  • Suing a Regulator for an Interim Suspension

2016

  • Regulatory Rule-Making Still Under Increased Scrutiny
  • How Strong Must the Evidence be Before Making an Interim Order?
  • Ontario Launches Red Tape Challenge
  • Drawing the Line Between Privacy and Transparency
  • Collateral Consequences of Guilty Pleas
  • Mobility and Good Character
  • Cross-Border Internet Practice Permitted
  • Guidance on Definition of Bad Faith
  • Giving More than is Asked
  • Another View of the Role of Screening Committees
  • Basis for Exemptions of Registration Requirements
  • Absolute Liability Findings
  • Participant Expert Witnesses
  • Voluntary Associations Governed by Procedural Fairness Too
  • Number of Exam Re-Writes
  • Case Deals with Hot Topics in Discipline – Part 1
  • Case Deals with Hot Topics in Discipline – Part 2
  • Disclosure of Regulator’s Files
  • Incivility Finding Upheld by Court of Appeal
  • Trinity Western University Again
  • Will the Member Do it Again?
  • What’s Going on with those Trinity Western University Cases?
  • Sunshine Handbook
  • Wilful Blindness and Recklessness
  • Articulating Credibility Findings
  • Permission to Appeal Late Refused in Two Cases
  • Independent Task Force Report on Sexual Abuse and the RHPA Released
  • Fundamentally Reshaping Sexual Abuse Investigations and Prosecutions
  • Preventing Sexual Abuse
  • Production Orders in Investigations Upheld
  • Restricting the Activities of Suspended Members
  • You Can Reap Only What You Sow
  • Investigative Powers Not to be Restrained in Advance
  • Joint Submissions
  • Forcing Finney Farther from Fault Finding
  • Regulating by Referendum
  • Enforcing Unauthorized Practice Provisions through Contempt of Court
  • Plump up that Résumé with Caution
  • Cooperation, Bias and Costs
  • Mandatory Reporting Duty and Making False Allegations
  • Bill 87 Gives Government Much More Power over Health Regulators
  • Searching a Member’s Home for Private Dishonesty

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