Navigating Tribunals, Hearings And Appeals In Professional Discipline

Regulated industries have their own independent governing bodies, separate from governmental authorities. Each one has its own rules, standards and adjudicative procedures. When official complaints are brought against a licensed professional, the accused individual faces numerous challenges and complexities peculiar to the relevant disciplinary board.

Neuberger & Partners LLP is a Toronto-based law firm with a solid reputation for success* in professional discipline cases. Whether you are currently facing an investigation by your licensing body or suspect that you might, we can help you navigate the process and pursue an optimal outcome.

Experience Within A Wide Range Of Licensing Boards

Our lawyers have conducted hundreds of tribunals, hearings and appeals for a wide variety of professionals in the law, the financial sector, healthcare and medical field and other regulated industries.

Although professional discipline originates with a licensing body, investigations and proceedings often function similar to those of a court environment. Our lawyers have fought defence cases in both the criminal court and administrative tribunal contexts. We also have extensive experience with a range of governing boards, such as:

• Ontario College of Physicians and Surgeons Discipline Decisions
• College of Nurses of Ontario Discipline Committee
• Health Professions Appeal and Review Board
• Law Society of Upper Canada Discipline Committee/Convocation
• Ontario College of Pharmacists Discipline Committee
• Ontario College of Teachers Discipline Decisions
• Ontario Institute of Chartered Accountants Discipline Decisions

Legal Guidance Tailored To The Regulatory Environment

After years of practice defending clients through investigations and disciplinary proceedings, we have gained familiarity with each body’s processes and function. At the outset of an investigation, we can guide you on such important matters as:

• Valid/invalid grounds for formal complaints
• Applicable standards, codes and legislation
• Limits to your licensing board’s powers to investigate
• Extent of your duty to cooperate and disclose information
• Proper response to an allegation of misconduct

As your case progresses, we will carefully assemble a defence designed to effectively navigate you through the process, including:

• Compliance with internal procedures, practices and requirements
• Gathering facts and evidence
• Argumentation based on factors that hearing officers are likely to consider
• Establishing/assessing credibility and gaining expert testimony
• Preparing witnesses for examination and cross-examination
• Researching relevant past cases and prior decisions
• Holding the governing body to their responsibility to act with fairness and neutrality

If you received an unfavourable outcome from a governing body, you have the right to appeal. Our lawyers can step in, take on your case and help you pursue an appeal through the body’s internal processes.