The Functus Officio Doctrine: Food for Regulatory Fodder

Consider the following hypothetical: The “Vetting Committee”[1] of a professional regulator refers specified allegations of professional misconduct against a member to the Discipline Committee. After the Notice of Hearing is […]

B.C. Court of Appeal Upholds Regulatory College’s By-laws

The British Columbia Court of Appeal’s recent decision in Sobeys West Inc. v. College of Pharmacists of British Columbia[1] is an important decision for regulators in two respects. First, it recognizes the latitude regulators ought to be given when enacting by-laws. Second, it clarifies the nature of the evidence that regulators will need to provide when their by-laws are challenged on judicial review. On the whole, the decision comes as a welcome confirmation of the deference that courts will show to regulators when they enact by-laws in the bona fide exercise of their authority.

M.H. v. College of Nurses of Ontario

Regulatory colleges must review accommodation requests from individuals with disabilities within the context of their public protection mandate. The Ontario Human Rights Code (Code) requires that they accommodate applicants and […]