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Discipline

Administrative Law
|
April 20, 2011

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...

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Administrative Law
|
April 11, 2011

Extraordinary 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...

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Administrative Law
|
April 4, 2011

Reasons must address unsworn evidence being preferred on central issues

While administrative tribunals are not bound by strict rules of evidence, evidence must still...

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Administrative Law
|
March 24, 2011

Our round-up of top 2010 professional regulatory cases

1. On deference to a professional regulatory body on findings of unprofessional conduct: Salway...

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Administrative Law
|
March 17, 2011

Bias: 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...

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Administrative Law
|
March 10, 2011

Discipline: Adequacy of reasons, credibility, and Cleo the cat

A hearing panel may make an unreasonable decision if it fails to enumerate the...

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Administrative Law
|
November 21, 2010

Can 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...

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Administrative Law
|
October 31, 2010

Sexual 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...

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Administrative Law
|
September 23, 2010

When 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...

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Administrative Law
|
September 21, 2010

Sexual Misconduct Series: Zero tolerance policies upheld in Ontario

On the scale of how professions allow, selectively allow, or prohibit sexual relations between...

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Administrative Law
|
September 6, 2010

Sexual Misconduct Series: Introduction

Different professions take different approaches to the sexual and romantic lives of professionals.  Some...

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Administrative Law
|
September 5, 2010

Professional disciplinary reasons must set out the professional standard violated

Professional disciplinary reasons must set out the professional standard violated A professional disciplinary panel...

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Administrative Law
|
September 5, 2010

A 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...

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Administrative Law
|
July 26, 2010

SCC refuses leave in Salway v APEGBC

On June 14, 2010, the SCC denied an engineer leave to appeal an appellate...

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