Category Archives: Administrative Law

Disciplining registrants for failing to respond to complaints

While enabling statutes of professional regulatory bodies may not require that respondents respond to complaints, particular regulators may enact standards that require their registrants to cooperate during investigations. The Ontario Court of Appeal confirmed such a standard in Reid v.…

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Victim stereotypes in professional regulation

Recent, high-profile cases like that against Jian Ghomeshi highlight the problem of victim stereotypes, which bundle assumptions about how women “normally” respond to sexual misconduct, and may lead to women who do not conform to stereotypes seem less credible. Courts…

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Discipline Committees that find misconduct outside of citations

Discipline committees that decide a respondent has engaged in professional misconduct not listed in any formal allegations, e.g., in a citation, may fail to afford the respondent procedural fairness, which includes a right to know the case which he or…

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