SML Law

Court treats protection of vulnerable adults through non-publication orders as a routine measure: canlii.org/en/on/onscdc/d… @CanLII #professionalregulation

The risk to effective regulation created by unregulated internet providers highlighted in this US report: cbsnews.com/news/online-ph…? @CBSNews #professionalregulation

UK court upholds revocation of physician who was found to have provided applicants for registration detailed information about confidential OSCE (examination) scenarios: bailii.org/ew/cases/EWHC/… @BAILII #professionalregulation

It’s not about you. Court says that when bias issues are raised, tribunal needs to apply objective test: is there a reasonable apprehension. Impact of assertion of bias on tribunal is irrelevant. canlii.org/en/ca/fct/doc/… @CanLII #professionalregulation

Court holds that a requirement to commence a discipline hearing within 60 days of referral is directory, not mandatory, and that jurisdiction was not lost by starting afterwards: canlii.org/en/nb/nbkb/doc… @CanLII #professionalregulation

Ohio enacts provisions to address sexual abuse by health professionals including extensive mandatory reporting requirements: lancastereaglegazette.com/story/news/202… @EagleGazette #professionalregulation

Research discusses the impact of the “hidden curriculum” in teaching professionalism (or, in this case, a lack of professionalism) to registrants while in training. bmcmededuc.biomedcentral.com/articles/10.11… @BioMedCentral #professionalregulation

Court discusses the standard of review by appeal tribunals when reviewing decisions of hearing tribunals in Law Society of Ontario v. McLellan, 2024 ONSC 7204 (CanLII), canlii.ca/t/k8hfs @CanLII #professionalregulation

NS Court analyzes the limited rights of complainants to seek judicial review of adverse screening decisions and whether complainants should see a respondent’s answer to their complaint (not always): canlii.org/en/ns/nssc/doc… @CanLII #professionalregulation

UK Court says that not every vulnerable witness in a sexual impropriety matter should be excused from testifying at a discipline hearing under a summons: bailii.org/ew/cases/EWHC/… @BAILII #professionalregulation

Alberta Court says that delay affects the ability of disciplinary sanctions to protect the public, preserve public confidence in the profession and the regulator, and denounce the conduct. canlii.org/en/ab/abca/doc… @CanLII #professionalregulation

The Importance of Briefing Notes by Julie Maciura is the January 2025 edition of our Grey Areas newsletter: sml-law.com/wp-content/upl… #professionalregulation

The Effect of Offers to Settle on Discipline Hearing Costs by @DurcanRebecca is the latest Regulation Pro blog entry: sml-law.com/the-effect-of-… #professionalregulation

Australian court sets aside interim suspension of physician for his COVID comments because of an appearance of bias and procedural unfairness: bnlaw.com.au/knowledge-hub/… #professionalregulation

BC Court of Appeal holds that a breach of the record keeping rules is not, in every case, a “marked departure” warranting a finding of professional misconduct: canlii.org/en/bc/bcca/doc… @CanLII #professionalregulation

Here is a “both sides” article about disciplining registrants who fail to report criminal findings to their regulator: cbc.ca/news/canada/ma… @CBC #professionalregulation

Standing on Principle? By Julie Maciura is the latest Regulation Pro blog entry: sml-law.com/standing-on-pr… #professionalregulation

Some US regulators are ending their diversity, equity, and inclusion initiatives, including for CPD credits, as a result of a recent SCOTUS decision: canadianlawyermag.com/news/internati…: @CanLawMag #professionalregulation

Many regulators use risk-based criteria to prioritize inspections and other enforcement activity. A Globe and Mail article says such algorithms can go awry: theglobeandmail.com/canada/article… @globeandmail #professionalregulation

Court refuses interim stay pending further appeal saying there was no irreparable harm: “many professional people in various vocations will suffer financial and other prejudice from disciplinary sanctions.” canlii.org/en/ns/nsca/doc… @CanLII #professionalregulation