March 18, 2015

Registration: good character and past complaints

Administrative Law
Professional Regulation
Registration and Fitness

A regulatory body may, when looking into an applicant’s good character, look at alleged conduct resulting in complaints, even if those complaints have not progressed beyond informal resolutions. On this basis the Alberta Court of Queen’s Bench upheld as reasonable a decision of the Alberta Dental Association and College to refuse registration to a BC dentist in Lum v. Council of the Alberta Dental Association and College, Review Panel, 2015 ABQB 12. While the applicant provided evidence of good character through letters of reference, the registrar weighed these letters against “the significance” of a number of complaints, as well as the nature of those complaints. The court declined to “re-weigh the evidence before the Registrar and give greater weight to the letters of reference provided by Dr. Lum.” [136]

Lum v. Council of the Alberta Dental Association and College, Review Panel, 2015 ABQB 12

Lisa Fong and Michael Ng