One of the key decisions to be made when addressing an application for registration that raises fitness or good character issues is whether procedural fairness requires that an oral hearing be conducted. This issue has been particularly troublesome where the…
Regulatory bodies typically require that applicants for registration have “good character” as an element of their fitness to practice. An applicant bears the overall burden of proving he or she meets all registration requirements. Various law society cases establish, however,…
In setting and enforcing standards of fitness, professional regulators must reasonably accommodate persons with disabilities, including mental disabilities. Additional requirements for persons with such disabilities may, of course, be justifiable if reasonably necessary for the regulator to fulfil its mandate.…
One essential purpose of regulatory bodies is to ensure professionals are fit to practice their professions. Broadly defined, fitness to practice (or simply “fitness”) encompasses several constituent qualities, including education and training, mental and physical capacity, and “good character”. These…
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…