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,...
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Panel 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 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 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 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 MoreDiscipline: Adequacy of reasons, credibility, and Cleo the cat
A hearing panel may make an unreasonable decision if it fails to enumerate the...
Read MoreCan contact by a physician be sexual impropriety if done without sexual intent, but is perceived as sexual?
Where a discipline committee concludes that a physician, accused of touching a patient’s chest...
Read MoreSexual Misconduct Series: Lawyers and clients waiving conflicts arising from sexual relations
A sexual relationship between a lawyer and client, but a waiver of the resulting...
Read MoreWhen discipline panels must be correct, and not merely reasonable
While a tribunal’s substantive decision-making under its home statute may survive a judicial review...
Read MoreSexual Misconduct Series: Zero tolerance policies upheld in Ontario
On the scale of how professions allow, selectively allow, or prohibit sexual relations between...
Read MoreSexual Misconduct Series: Introduction
Different professions take different approaches to the sexual and romantic lives of professionals. Some...
Read MoreProfessional disciplinary reasons must set out the professional standard violated
Professional disciplinary reasons must set out the professional standard violated A professional disciplinary panel...
Read MoreA finding of misconduct cannot stem from wrongs not in the citation
Certain findings of professional misconduct by a physician, for failing to chart medication dosages...
Read MoreSCC refuses leave in Salway v APEGBC
On June 14, 2010, the SCC denied an engineer leave to appeal an appellate...
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