Professional Conduct Blog

Professional regulatory bodies and malicious prosecution

Claims of malicious prosecution seem inevitable for professional regulatory bodies, despite the difficulties that such claims present for claimants. A claimant must not only defeat the case for misconduct during a discipline proceeding, but also show both an absence of…

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Professional regulatory documents and their use in civil actions

Professional regulatory statutes often contain confidentiality provisions that make records or other documents used by regulators during investigation and disciplinary processes, e.g., documents relating to complainants or other patients, non-compellable during civil proceedings. For example, section 53 of BC’s Health…

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The price of deference: inconsistency is OK

The BC Supreme Court recently found that the Health Professions Review Board improperly failed to defer to an interpretation of the Health Professions Act by a college under that statute, where its Inquiry Committee dismissed a complaint about what appeared…

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