The BC Court of Appeal recently clarified the role of the provocation defence in the context of professional misconduct. Johnson v. Law Society of British Columbia, 2018 BCCA 40, considered provocation as a defence where a lawyer cursed at a…
A Saskatchewan court recently considered whether a decision of the College of Physicians and Surgeons of Saskatchewan (“CPSS” or the “Sask. College”) to strike Dr. Horri’s name from the register, with no right to reapply for a nine-month period, was a reasonable…
For colleges under BC’s Health Professions Act that have had the Health Professions Review Board reverse complaint dismissals by the registrar, based on an inadequate investigation of an “objectively” serious matter, the issue as whether the Review Board owes deference…
“In the modern day, not everything is purchased by going to a store…” This sentence, which begins the decision in the Ontario Essilor case, signals the basis of the jurisdictional issues that professional regulators face when health professionals provide online…
One of the more challenging issues that professional regulators can face in protecting the public from unauthorized practitioners is ambiguity as to whether an activity constitutes a restricted activity or practice. Some activities are obvious, like heart surgery, but other…