While courts may always engage in “judicial review” of decisions and actions by administrative tribunals, many statutes provide for rights of appeal. Such appeals are not, however, like appeals from trial courts to higher courts. Rather, the standards of review…
While principles of administrative law continue to evolve – perhaps more in this last decade than in previous years – much of the developing law of professional regulation involves basic principles being used to flesh-out new, or at least previous-unexplored,…
At the start of 2014, we blogged here about a decision of the B.C. Supreme Court that B.C.’s Health Professions Review Board (the “HPRB”) must, when reviewing the adequacy of an investigation, grant deference to a registrar who conducts an…
Last month, we blogged here about how professional regulatory proceedings and criminal proceedings are different. That difference was recently illustrated where a pharmacist challenged mandatory revocation for sexual abuse under the Ontario Health Professions Procedural Code. The Ontario court confirmed…
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…