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Administrative Law

Administrative Law
|
September 3, 2019

Forcing patients subjected to sexual misconduct to testify in regulatory proceedings

The public interest in health regulators eliminating sexual abuse by registrants may in some...

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Administrative Law
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September 3, 2019

Medically-assisted dying and the role of professional regulators

As described in a recent Globe and Mail article (here), the College of Physicians...

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Administrative Law
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July 23, 2019

BC Supreme Court Emphasizes Need for ‘Near Certainty’ of Evidence in Contempt Applications

The B.C. College of Traditional Chinese Medicine (“TCM”) unsuccessfully sought a finding of contempt...

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Administrative Law
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July 23, 2019

Whether committees are bound by their own procedure manuals

The extent to which registrants may rely on processes set out in inquiry and...

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Administrative Law
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July 23, 2019

Discipline penalty prohibiting ownership and control of professional businesses

With modern-day professional businesses becoming multi-clinic based, national, or international operations, professional regulators can...

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Administrative Law
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July 23, 2019

The need for interim measures to involve the least restrictive means

The propriety of an interim suspension during a regulatory investigation, when a registrant is...

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Administrative Law
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May 28, 2019

The discretion of colleges to decide when to consider (or ignore) past disciplinary action

Colleges under the Health Professions Act “may” consider any past action previously taken by...

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Administrative Law
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May 28, 2019

Selling professional services and products out-of-province

The jurisdiction of regulatory colleges to regulate the activities of professionals who operate in...

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Administrative Law
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May 28, 2019

The inability of registrants to access “their” quality assurance documents under FIPPA

Where a health professions college collects information about a registrant for “quality assurance” purposes,...

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Administrative Law
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May 28, 2019

No separate civil claims of investigation and complaint dispositions

Complainants who file complaints with colleges against health professionals, and have their complaints dismissed,...

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Administrative Law
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January 16, 2019

2018 regulatory round-up

In 2018, courts addressed the boundaries of professional regulatory bodies to act in the public...

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Administrative Law
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January 16, 2019

HPRB reviews: no slicing and dicing of deference

The B.C. Supreme Court recently confirmed that the Health Professions Review Board must afford...

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Administrative Law
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January 16, 2019

Settlement privilege applies to reviews before the HPRB

When inquiry committees negotiate consent or undertaking agreements to resolve complaint matters consensually (under...

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Administrative Law
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July 16, 2018

SCC confirms non-accreditation of TWU law school based on discrimination of school “covenant” against LGTBQ students

The Supreme Court of Canada recently confirmed, as reasonable, the decision of two law...

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Administrative Law
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July 16, 2018

Happy summer: Notable regulatory cases since March

As this spring (and now the summer) has been extremely busy, we weren’t able...

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