Regulator can determine dispute process, no procedural unfairness found, court rules — Neil Abramson speaks to The Lawyer's Daily
Overview
Neil Abramson, of Torkin Manes LLP Barristers & Solicitors and counsel for Abdul with Robert Barbiero, said the Court of Appeal’s decision is a surprising one because it seems to suggest that the notion of prejudice is of “paramount import” and in the absence of obvious prejudice a regulator “seems to be at liberty to play fast and loose with the governing legislation.”
“It’s something I would think is relevant to be considered by professionals and regulators from British Columbia to Newfoundland,” he said, adding that the decision is about the rights of a regulator versus its obligations to comply strictly with the governing statute.
“This decision, it would seem, is rather novel and would similarly seem to have far-reaching implications. Not just to health professionals and health professional colleges, but to professionals and professional regulators more generally across the entire country. It really does speak to a balancing of the public interest versus the rights of the individual accused professional,” explained Abramson, adding that they are considering seeking leave to appeal to the Supreme Court of Canada.
This article originally appeared in The Lawyer's Daily. To view the complete article, click here.
People
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A partner in the firm’s Litigation Group and Chair of our Health Professionals Group, Neil Abramson has built a robust law practice that encompasses a broad range of civil litigation matters. View bio
Partner and Chair, Health Professionals Group -
Robert’s practice encompasses all facets of health law and professional discipline. With an exclusive focus on advocating for regulated health professionals, he regularly represents them in regulatory, administrative and civil proceedings. View bio
