Category Archives: Administrative Law

Our round-up of top 2010 health law cases

1. WHEN THE EFFECT OF A DISEASE IS NOT AN “ACCIDENT”: The serious but natural impact (i.e., paralysis) of a disease (i.e., genital herpes) contracted through a natural process (e.g., unprotected sex) is not an “accident” as that term was…

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HPRB and Registration: Standard of Review and Adequacy of Reasons

The Health Professions Review Board has confirmed the standard of review for registration decisions is reasonableness, but subject to adequacy of reasons. Accordingly, the Review Board remitted examination results involving different assessments by three examiners back to a Registration Committee…

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Our round-up of top 2010 professional regulatory cases

1. On deference to a professional regulatory body on findings of unprofessional conduct: Salway v. Assn. of Professional Engineers and Geoscientists of British Columbia, 2010 BCCA 94, 3 B.C.L.R. (5th) 213 (B.C.C.A.), leave to appeal denied [2010] S.C.C.A. No. 122.…

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Immunity of regulatory personnel from lawsuits: Part 2

In December, we examined the protection from lawsuits that regulatory personnel receive under s.24 of the Health Professions Act, through a parallel provision (section 38 of Ontario’s Registered Health Professions Act) considered in Deep v. College of Physicians and Surgeons…

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