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Professional Discipline

Category: Professional Discipline

Post Dunsmuir Standard of Review

by Johannes Schenk / On November 27, 2008 / In Human Rights Law, Labour Law, Municipal Law, Professional Discipline
What's a poor boy to do (or lawyer to do) when faced with Dunsmuir and the standard of review and the ATA standards of review. Well naturally you would rely on this case, Lavigne v. British Columbia (Workers Compensation Review…
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Professional Associations: Natural Justice Rules

by Johannes Schenk / On November 19, 2008 / In Professional Discipline
Wang v. British Columbia Medical Association, 2008 BCSC 1559, is another recent analysis of fairness rules in the context of a voluntary professional association. The decision has an excellent summary of the law concerning rules of fairness in voluntary professional…
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Lawyer’s Professional Discipline Records

by Johannes Schenk / On September 29, 2008 / In Professional Discipline
The question often arises as to when a record of discipline should be removed from a professional's discipline history. The Law Society of Upper Canada has recently confirmed its policy of permanently maintaining Lawyer's Discipline files open to the public.
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Criminal Record Pardon and Hiring

by Admin / On September 19, 2008 / In Employment Law, Human Rights Law, Labour Law, Professional Discipline
Take a look at, Montréal (City) v. Quebec (Commission des droits de la personne et des droits de la jeunesse), 2008 SCC 48, for the latest position on criminal offence pardons and hiring suitability. The case has a very extensive…
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Professional Status and Criminal Records

by Johannes Schenk / On September 14, 2008 / In Professional Discipline
See this decision from the BC Financial Services Tribunal for a sample of the kind of arguments made in the case of a realtor denied his license on the basis of a past criminal record. The case includes a review…
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