British Columbia v. Canadian National Railway
Counsel for the defendant in a railway company decision restricting the scope of the Forest Practices Code of British...
Many professions in British Columbia are required by statute to establish educational, technical, and ethical standards for their members, including processes to investigate and adjudicate complaints and impose disciplinary sanctions.
Members of a profession who are subject to disciplinary investigations and proceedings can lose their professional standing, employment, and income as a consequence of disciplinary investigations and proceedings. Our firm’s professional regulation group of lawyers has developed in-depth experience in this specialized area, advising a wide range of professionals.
Allegations of professional misconduct or wrongdoing can have immediate and serious consequences for the professional under scrutiny. Professional regulatory complaints are often accompanied by the prospect of civil and criminal proceedings, raising strategic issues that must be deftly navigated. Our litigators are keenly aware of these important issues and provide pragmatic and insightful advice during these challenging times.
Time is often of the essence: at each stage of a regulatory proceeding, from an initial complaint through an investigation and formal hearing, the consequences escalate and reputational concerns increase. For this reason, it is crucial to retain skilled legal counsel at the earliest possible stage, ideally before formal investigations and disciplinary proceedings are already underway. Our lawyers will seek a favourable resolution at the earliest possible stage, engaging closely with the regulator, and providing knowledgeable advice about the best route forward.
Our firm has represented both professionals and regulatory bodies. This experience has provided us with an informed, comprehensive perspective of the process, one that is invaluable in identifying options and anticipating the decisions and strategies of opposing counsel. And our clients have worked in many different professions, including in the securities, legal, engineering, clergy, nursing, real estate, and healthcare professions, among other areas. We provide clients with skilled advocacy through every stage of the process, from assisting clients with issues ranging from admissions and credential assessments, initial allegations and complaints, to investigations, practice assessments, and formal disciplinary hearings. Beyond the proceedings before the regulator, our firm’s appellate and judicial review group has the skills and experience needed to challenge a regulatory body’s decision in court.
Michelle Daniels graduated from the University of British Columbia with a B.A. in Psychology, followed by a Paralegal Diploma from Capilano University. Michelle has been with the firm since its inception.