Addressing complainant misuse of documents
Over the last few weeks we have explored the balancing act regulators may engage...
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End of Life: Just the beginning
By Matthew Voell, our rather brilliant and fashionable summer graduate law student. The Ontario...
Read MoreHuman rights liability of regulatory bodies: the Gichuru compensation award
In a recent decision in the matter of Gichuru v. The Law Society of...
Read MoreFlying with Pie (e la torta altro)
Dan Fetterly and Sandra Foweraker, lawyers extraordinaire recently landed at Suite 210-900 Howe Street. ...
Read MoreMore on disclosure to complainants during investigations
In a recent posting entitled Conference Questions: What should regulatory bodies disclose to complainants?...
Read MoreThe 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...
Read MoreHPRB hearings: oral versus written hearings
The need for an oral hearing before the Health Professions Review Board (the “HPRB”),...
Read MoreCosts awards and reasonableness in disciplinary hearings
Regardless of the specific language in a profession’s governing statute or the governing body’s...
Read MoreConference Questions: What should regulatory bodies disclose to complainants?
During our 2011 Professional Regulation Conference, a question arose as to the information inquiry...
Read MoreConcurrent 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...
Read MoreTribunal jurisdiction to award costs in discipline proceedings
Hearings are expensive processes for all parties. Respondents of course bear the expense of...
Read MoreThe rights of complainants to appeal or review, or to demand procedural fairness
Whenever an inquiry committee decides against sending a complaint matter to a hearing, the...
Read MoreThe power to discipline former registrants
In 1987, BC courts found that a regulatory body could not discipline a former...
Read MoreExtraordinary or interim action: where there is no direct evidence of conduct likely to harm or injure
Like the extraordinary action power under s.35 of the BC Health Professions Act, the...
Read MoreCosts: Court’s power to award costs where panel decision successfully reviewed
The Ontario Superior Court confirmed the established legal principle that a court has no...
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