Fitness to Practice: Pre-existing mental health condition at the time of application
In our previous blog entry on fitness to practice, we addressed pre-membership misconduct as...
Read MoreAdministrative Law
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HPRB – Requirements for showing an incomplete investigation
Where an applicant to the Health Professions Review Board alleges an investigation into his...
Read MoreLimiting access to “the record” of HPRB complainant-applicants
Complainants under the Health Professions Act are not parties at the inquiry committee stage,...
Read MoreFreedom of Information (FOI): When are external consultant notes under the control of a public body?
Public bodies sometimes retain ad hoc external consultants to conduct professional health assessments. Where...
Read MoreImmunity of regulatory personnel from lawsuits and vexatious litigation
To insulate college personnel from personal law suits which allege misconduct while carrying out...
Read MoreApplicant fitness to practice and past aberrant wrongful conduct
Professional regulatory bodies require applicants to be of good character or morally fit before...
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 MoreHPRB Summaries: Who is an Applicant for Registration
In response to an application for a review of a registration decision, filed in...
Read MoreHPRB Summaries: Reasonableness of disposition where conflicting versions of events
An inquiry committee is not required to carry out an exhaustive fact-finding process to...
Read MoreExtraordinary suspension hearings and a registrant’s right to respond
Does an investigation committee’s failure to provide a registrant with a right to respond...
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 MoreRegulator policies must comply with enabling provisions
Where a statutory provision provides for a matter to be in accordance with the...
Read MoreHPRB Summaries: No review jurisdiction over decisions preceding the Review Board
A complainant whose complaint was dismissed prior to the creation of the Health Professions...
Read MoreHPRB Summaries: No review jurisdiction over decisions under statutes preceding the HPA
The Health Professions Review Board has jurisdiction to review specific decisions enumerated under s. 50.53(1)...
Read MoreThe Salway Saga: Alternate resolution processes, and standards of review, in Salway v. APEGBC
The year 2002 marked the beginning of a lengthy legal battle began Mr. Salway,...
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