Category Archives: Discipline

The problems with hearsay – even for administrative tribunals

Administrative tribunals are not bound by strict rules of evidence. This does not mean however that tribunals should be admitting hearsay. If they do, they should understand its weaknesses. The Supreme Court of Canada recently listed the main reasons why…

Read More

Decision-writing based on submissions from parties

Procedural fairness requires an impartial decision-maker, but that partiality may come into question where a decision-maker heavily incorporates one party’s submissions into reasons for judgment. The Supreme Court of Canada examined the question of when one should infer a lack…

Read More

Conduct unbecoming of a professional: threats of frivolous reports

The “private” or “personal” conduct of professionals can still be “unprofessional conduct” involving significant consequences. A reminder of this principle arises from the recent decision of Erdmann v. Institute of Chartered Accountants of Alberta, 2013 ABCA 147. Ms. E, a…

Read More