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Inquiry and Investigations

Administrative Law
|
September 4, 2012

Privacy and FIPPA: procedural fairness issues

As we have previously mentioned, we received numerous questions from participants during the Q&A...

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Administrative Law
|
September 4, 2012

Procedural fairness and the statutory opportunity to respond during an investigation

The Ontario courts have recently held that where a Complaints Committee of a health...

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Administrative Law
|
May 14, 2012

Misconduct: When Non-Responsiveness Becomes Ungovernability

A professional being disciplined for professional misconduct or unprofessional conduct who fails to respond...

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Administrative Law
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April 23, 2012

Events: June 7, 2012 Professional Regulation Webinar on Privacy and Confidentiality [updated 2012-05-27]

Lovett & Westmacott and Ng Ariss Fong will be holding a two-hour webinar on...

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Administrative Law
|
April 23, 2012

The Supreme Court of Canada speaks on how professional regulatory tribunals must apply Charter values

Professionals can run up against ethical rules in many possible ways, but the most...

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Administrative Law
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April 23, 2012

Inquiry and Discipline: Employer (or employee) conduct vs. unprofessional conduct under the HPA

Health professionals who engage in arguments in their capacity as employers, or as former...

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Administrative Law
|
April 23, 2012

HPRB Process: The inadmissibility of new evidence going beyond the time, parties and place of the original complaint

While the HPRB can accept new documentary evidence that was not before an Inquiry...

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Health Professions Review Board
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March 29, 2012

BC HPRB: Investigation and dismissal powers of registrars under the Health Professions Act

A five-member panel of the HPRB examined the practice of one health college allowing...

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Health Professions Review Board
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March 29, 2012

BC HPRB: The adequacy of an investigation where assertions conflict

An investigation may fail to be adequate where an Inquiry Committee fails to make...

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Health Professions Review Board
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March 29, 2012

The Ontario HPARB: A scope of review limited to what is sought

Ontario’s Health Professions Appeal and Review Board (HPARB) cannot review a decision with respect...

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Administrative Law
|
January 4, 2012

2011 Professional Regulatory Round-up

Looking back, the professional regulatory cases in 2011 reveal some major themes: applicant character...

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Administrative Law
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January 4, 2012

The duty to self-report potential liability

All professionals are required to exercise discretion and professional judgment in their practice. These...

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Administrative Law
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November 22, 2011

Regulator Watch: The new Teachers Act

The new Teachers Act that will dissolve the BC College of Teachers and replace...

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Administrative Law
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October 19, 2011

The 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...

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Administrative Law
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October 19, 2011

Refresher: No Required FOIPPA Disclosure of Expert Reports Prepared to assist regulatory investigations

Investigating misconduct and competence of a professional can require the advice of experts. For...

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