Human rights and professionals with addictions
Professional regulatory bodies in British Columbia should expect to be occupational associations under the...
Read MoreAdministrative Law
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Whose decision is it, the panel or its legal counsel?
Deliberating and writing hearing decisions is a challenging task for hearing panels, especially if...
Read MoreRegulator Watch: The new Teachers Act
The new Teachers Act that will dissolve the BC College of Teachers and replace...
Read MoreThe Human Rights Tribunal’s jurisdiction over regulator decisions, despite a right of review or appeal
This blog has already discussed some human rights considerations a regulatory body should have...
Read MoreDisciplining a former member when the enabling act only refers to members
Today, most self-regulating profession legislation expressly provide that former members can be disciplined for...
Read MoreClients cannot waive the public interest in professionals who allow conflicts of interest
Conflicts of interests which amount to professional misconduct can be confusing when the issue...
Read MoreAddressing complainant misuse of documents
Over the last few weeks we have explored the balancing act regulators may engage...
Read MoreCosts awards and reasonableness in disciplinary hearings
Regardless of the specific language in a profession’s governing statute or the governing body’s...
Read MoreConcurrent proceedings before a disciplinary hearing panel and the BC Human Rights Tribunal: can the same issue be decided by both at the same time?
The issue of whether a professional disciplinary tribunal can rule on institutional bias, and...
Read MoreTribunal jurisdiction to award costs in discipline proceedings
Hearings are expensive processes for all parties. Respondents of course bear the expense of...
Read MoreThe power to discipline former registrants
In 1987, BC courts found that a regulatory body could not discipline a former...
Read MoreCosts: Court’s power to award costs where panel decision successfully reviewed
The Ontario Superior Court confirmed the established legal principle that a court has no...
Read MoreWhere a Discipline Committee is “contaminated” by exposure to an inquiry settlement process, judicial review will be premature if an unbiased panel might still be convened
Upon an inquiry committee referring a matter for discipline, prejudice from investigative delay does...
Read MoreDisciplinary decisions not staying within the four corners of the citation and not addressing arguments advanced can be overturned
The importance of discipline panels issuing reasons that adequately support each finding of misconduct,...
Read MoreReasons, 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,...
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