Regulator can determine dispute process, no procedural unfairness found, court rules — Neil Abramson speaks to The Lawyer's Daily

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.

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