Registration: Fitness and Human Rights
In setting and enforcing standards of fitness, professional regulators must reasonably accommodate persons with...
Read MoreAdministrative Law
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Reasons, impartiality and bias: Judgment overturned where judge adopted submissions of one party as his own reasons
A decision maker must not only be impartial between and independent of the parties,...
Read MorePanel can assess “sexual” nature of touching based on patient perception, but failure of panel to grapple with credibility (as to how touching occurred) warrants new hearing
In finding a reviewing judge should have deferred to a committee’s interpretation of its...
Read MorePanellist Profile: Natasha Dookie, Director of Professional Conduct, BC College of Teachers
For the next five weeks, we will be profiling the speakers on the regulatory...
Read MoreFit to be a professional: What is good character and fitness?
One essential purpose of regulatory bodies is to ensure professionals are fit to practice...
Read MoreExtraordinary or Interim Suspensions: adequacy of reasons and sufficiency of pre-existing measures
Even in cases where one might conclude the basis for extraordinary action, e.g., an...
Read MoreProfessional regulatory bodies do not owe a private law duty of care to patients, and cannot be liable for determining a treatment meets an acceptable standard of practice
Professional regulatory bodies protect the public interest by ensuring practising members are capable and...
Read MoreOur round-up of top 2010 health law cases
1. WHEN THE EFFECT OF A DISEASE IS NOT AN “ACCIDENT”: The serious but...
Read MoreHPRB and Registration: Standard of Review and Adequacy of Reasons
The Health Professions Review Board has confirmed the standard of review for registration decisions...
Read MoreReasons must address unsworn evidence being preferred on central issues
While administrative tribunals are not bound by strict rules of evidence, evidence must still...
Read MoreOur round-up of top 2010 professional regulatory cases
1. On deference to a professional regulatory body on findings of unprofessional conduct: Salway...
Read MoreImmunity of regulatory personnel from lawsuits: Part 2
In December, we examined the protection from lawsuits that regulatory personnel receive under s.24...
Read MoreAllowing a litigant to seek review of an HPRB decision anonymously under a pseudonym is an exceptional order
Three recent decisions address the issue of registrants of colleges being entitled to anonymity...
Read MoreBias: The need to maintain Discipline Committee impartiality and independence from regulatory staff
Professional disciplinary proceedings are quasi-judicial fora in which the impartiality of decision-makers is a...
Read MoreDefective Search Orders
The Health Professions Act allows for colleges to apply to the court to obtain...
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