When a member proves himself “innocent” of unprofessional conduct at a discipline hearing, whether the panel can or should award costs to the member will depend on the regime. For example, a statute may provide for costs where the commencement of the proceedings was unwarranted.* An Ontario court recently looked at whether a hearing was [Read More]

A professional being disciplined for professional misconduct or unprofessional conduct who fails to respond to investigative communications from his or her regulatory body may, if this silence is contrary to a duty to reply promptly to its communications, , result in even more severe discipline based on the professional’s “ungovernability.” This is illustrated in the [Read More]

Lovett & Westmacott and Ng Ariss Fong will be holding a two-hour webinar on privacy and confidentiality in professional regulation. The webinar will occur June 7, 2012 from 8:30 a.m.-10:30 a.m. (Pacific Time). Join us from your own office for a practical walk-through of common confidentiality and privacy issues relating to documents and information created [Read More]

Professionals can run up against ethical rules in many possible ways, but the most controversial ways will often involve speech or other forms of expression. Perhaps a professional verbally harasses or insults a patient or another professional. Perhaps a professional violates a rule involving advertising. More controversially, a professional may engage in controversial speech on [Read More]

The Ontario Court of Appeal recently upheld decisions of a hearing panel and an appeal panel of the Law Society of Upper Canada to revoke the license of a member convicted of sexual exploitation of two children in their early mid-teens. The professional was a close friend of neighbours, who family included three teen-aged children. [Read More]