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Recent Posts
Below is a preview of the five most recent posts from the blog Regulation Pro Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Institutional Bias vs Deliberative Privilege
Ontario’s highest court has reaffirmed the importance of the deliberative privilege protecting the internal workings and discussions of administrative tribunals. The decision relates to a challenge to the independence and constitutionality of the Licence Appeal Tribunal (LAT), which adjudicates On … Read more »
- The Consequences of a Regulator Breaching Confidentiality
Confidentiality provisions can be tricky. The criteria for when a regulator can disclose confidential information are often complex. Improper disclosure of otherwise confidential information can discredit the regulator, impact its enforcement proceedings and, in an extreme case, lead to civil or eve … Read more »
- Careless Bad Faith
Most regulators cannot be sued for damages (money) unless they act in bad faith. More than two decades ago, the Supreme Court of Canada said that serious carelessness or recklessness could, in some circumstances, amount to bad faith: Finney v Barreau du Québec, 2004 SCC 36 (CanLII), [2004] 2 SCR 17 … Read more »
- Distinctions and Differences
Discipline tribunals are increasingly asked to make nuanced legal distinctions. An example is Bujacz v. Ontario College of Teachers, 2026 ONSC 1265, where a discipline tribunal imposed mandatory revocation of the certificate of registration of a teacher for, among other things, sending sexual messag … Read more »
- Reinstatement: Reweigh or Reasonableness
Where a tribunal or court has the power to review a decision on a “reasonablenessâ€� standard, it must not reweigh the evidence. Some guidance on this nuanced task is given in The Professional Conduct Committee of the CPAO v Siddiqi, 2026 ONSC 2190 (CanLII). The applicant’s licence as a chartere … Read more »