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Professional Regulation

Professional Regulation
|
September 7, 2015

Private professional associations using “registered” in titles may wrongly imply public regulation

Private professional associations sometimes provide their members with “titles,” and indeed statutes that provide...

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Administrative Law
|
April 30, 2015

Do “expert” panels need expert witnesses?

Since one or more members of any professional discipline hearing panel are typically members...

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Administrative Law
|
April 30, 2015

When is someone an expert?

Lawyers who must prove professional standards through expert witnesses tend to gravitate towards the...

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Administrative Law
|
April 30, 2015

Can respondents act as their own experts?

Respondents in discipline hearings may sometimes attempt to act given their own “expert” evidence...

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Administrative Law
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April 30, 2015

May remedial penalties be endless?

When a discipline hearing panel finds that a respondent must undergo remedial steps, but...

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Administrative Law
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March 25, 2015

A challenge to a policy that physicians provide referrals despite objecting to a service based on conscience or religion

On March 24, 2015, two Christian groups, and several physicians, filed a challenge to...

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Administrative Law
|
March 18, 2015

Inquiry: Investigators for regulatory bodies are protected from defamation claims by “absolute privilege”

Where an investigator for a regulatory body sends emails to two complainants who have...

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Administrative Law
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March 18, 2015

Registration: good character and past complaints

A regulatory body may, when looking into an applicant’s good character, look at alleged...

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Administrative Law
|
March 18, 2015

Discipline: Sufficiency of warning and the meaning of “conduct unbecoming”

The standard for the extent to which a regulatory body must provide particulars in...

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Administrative Law
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March 18, 2015

Discipline: After a disciplinary decision, a committee may deal separately with costs

If a discipline committee absolves a member of misconduct, but fails to address the...

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Administrative Law
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March 18, 2015

Appeals: The Dunsmuir approach to “reviews” applies to “appeals” from tribunals

While courts may always engage in “judicial review” of decisions and actions by administrative...

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Administrative Law
|
March 18, 2015

Blog: 2014 professional regulation round-up

While principles of administrative law continue to evolve – perhaps more in this last...

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Administrative Law
|
December 17, 2014

HPRB deference on adequacy of investigations

At the start of 2014, we blogged here about a decision of the B.C....

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Administrative Law
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December 17, 2014

Ontario’s mandatory licensure revocation for sexual abuse of patients is not a criminal matter

Last month, we blogged here about how professional regulatory proceedings and criminal proceedings are...

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Administrative Law
|
December 17, 2014

Professional regulatory bodies and malicious prosecution

Claims of malicious prosecution seem inevitable for professional regulatory bodies, despite the difficulties that...

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