Toronto Regulatory Law & Professional Discipline
What you need to know
Our work in this area includes:
- Providing advice to people about how to respond to inquiries, investigations and complaints
- Representing and defending people at disciplinary hearings before professional colleges
- Arguing applications before administrative tribunals
- Conducting appeals and reviews at the Health Professions Appeal and Review Board
- Appealing disciplinary decisions to the Divisional Court
We represent professionals just like you.
Midwives and Doulas
Frequently asked questions about regulatory law & professional discipline cases
What should I do if my College contacts me about a complaint?
When a College receives a complaint about a professional, they will often ask that person for a response. It’s essential that you have a lawyer and get good advice if this happens. Whether and how you respond to the College is an important decision that can affect the rest of your case. Sometimes a well-crafted response can be all it takes to show the College that the complaint is unfounded, and it can make the issue go away at an early stage. Other times, it may not be in your best interests to provide a detailed response at all. Every case is different. At Goddard & Shanmuganathan LLP, we do this work day in and day out and we have years of experience we can use to help you make the right decision.
Do I need to participate in an investigation?
If your College is conducting an investigation, they may ask you to participate in an interview or give them access to other documents (e.g. your financial records and patient charts). If this is happening to you, you need a lawyer’s help right away. You may be under a professional obligation to cooperate with an investigator, and failing to do so could lead to its own disciplinary proceedings. At the same time, investigators do not have your own best interests at heart, and you need a lawyer to help you provide the documents that are being requested, or to prepare you for an interview. An interview with an investigator will impact on your disciplinary proceedings, but it can also take on a life of its own and come into play during a police investigation, a workplace investigation, or a civil lawsuit.
What happens at a disciplinary hearing?
At a discipline hearing, the College’s prosecutor will lead evidence to try and convince a tribunal that you have committed some kind of professional wrongdoing. Having the right lawyer to represent you is paramount. Your lawyer will cross-examine all of the prosecutor’s witnesses to show the holes in their case. Your lawyer will also need to investigate and prepare your defence, which in most cases will involve your testimony. We have years of experience doing this for our clients, helping them save their licences and their jobs.
How can I appeal a decision?
If you’ve already had a discipline hearing and the result hasn’t gone your way, you can appeal the decision. Doing so successfully is hard and it may be your last chance. We have conducted appeals at the Health Professions Appeal and Review Board, the Divisional Court, the Ontario Court of Appeal, and the Supreme Court of Canada. An experienced lawyer is the most important tool you have at your disposal, as finding the right grounds of appeal and presenting them in the most persuasive way possible is the key to improving your chances at success.
Contact us about your case
Please leave us the best number to call and we will reach out to you as soon as possible.
116 Simcoe Street, Suite 100