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Professional Regulation

Administrative Law
|
October 2, 2011

HPRB: Robustness of reasons when resolving complaints through remedial education under HPA s.36(1)(b)

The Health Professions Review Board has signaled to Inquiry Committees resolving complaints by way...

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Administrative Law
|
September 18, 2011

Bitonti and White – Human rights considerations in the assessment of foreign applicants

Professional regulators are acutely aware nowadays of substantial equivalence issues in registration processes, given...

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Administrative Law
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September 18, 2011

Disciplining 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...

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Discipline
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September 7, 2011

Clients 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...

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Professional Regulation
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September 7, 2011

Injunctions to prevent unauthorized practice by former registrants who fail to comply with continuing competency requirements: The value of a consistent message

Every year regulators face the issues surrounding cancelling registrants’ licenses for failure to comply...

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Human Rights
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September 7, 2011

Registration and mental fitness

The refusal of an application for registration on grounds of fitness by the Ontario...

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Administrative Law
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July 29, 2011

Addressing complainant misuse of documents

Over the last few weeks we have explored the balancing act regulators may engage...

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Administrative Law
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July 29, 2011

Human rights liability of regulatory bodies: the Gichuru compensation award

In a recent decision in the matter of Gichuru v. The Law Society of...

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Administrative Law
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July 14, 2011

More on disclosure to complainants during investigations

In a recent posting entitled Conference Questions: What should regulatory bodies disclose to complainants?...

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Administrative Law
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July 14, 2011

The first judicial review of the HPRB: disclosure of past conduct history in the record

A court will defer to any finding of fact or law, or any exercise...

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Administrative Law
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July 14, 2011

HPRB hearings: oral versus written hearings

The need for an oral hearing before the Health Professions Review Board (the “HPRB”),...

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Administrative Law
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June 30, 2011

Costs awards and reasonableness in disciplinary hearings

Regardless of the specific language in a profession’s governing statute or the governing body’s...

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Administrative Law
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June 30, 2011

Conference Questions: What should regulatory bodies disclose to complainants?

During our 2011 Professional Regulation Conference, a question arose as to the information inquiry...

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Administrative Law
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June 30, 2011

Concurrent 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...

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Administrative Law
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June 19, 2011

Tribunal jurisdiction to award costs in discipline proceedings

Hearings are expensive processes for all parties. Respondents of course bear the expense of...

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