Category Archives: Discipline

2013 professional regulatory round-up

Here are some key Canadian cases and trends from 2013  relating to professional regulation. 1. Adequacy of reasons: In 2013, courts continued to look at how decision-makers must show in their written reasons that they remain impartial, and have grappled…

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Proof of professional standards

Where professional misconduct is at issue, a hearing panel may need to determine the applicable standards of practice of the profession. Often, the standards are expressly set out in a regulator’s bylaws, standards or code of ethics. Where, however, a…

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Adequacy of reasons and credibility

Where a hearing panel assesses the credibility of an applicant’s account of events, the panel may not need to set out a detailed credibility analysis if it demonstrates that it grappled with the substance of the credibility issue. This principle…

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Adequacy of reasons and conflicting evidence

Disciplinary hearing panels often face conflicts in the evidence before them, such as where a registrant denies the conduct that a complainant says occurred. The case law demonstrates that a hearing panel need not address every conflict in the evidence.…

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