Category Archives: Discipline

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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Sobeys West: When professional regulatory bylaws are “unreasonable”

The BC Supreme Court has decided that the College of Pharmacists of British Columbia exceeded its bylaw-making power by unreasonably prohibiting pharmacists from participating in programs that provide incentives for patients to fill prescriptions at their pharmacies, in Sobeys West…

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