This article is an update for health lawyers on the recent Divisional Court case in Yarco Developments Inc. v. Home Construction Regulatory Authority (Registrar) 2024 ONSC 93. It may seem odd to you at first glance that an article about a home construction case is being included in the OBA Health Law Newsletter. But trust us, it is directly relevant to the practice of health law, particularly on professional regulation and registration matters.
Most regulatory bodies in Ontario, including all 26 Regulated Health Professional Colleges, require applicants to demonstrate they will act with honesty and integrity and/or that they are of good character before they are allowed into the profession. This registration requirement can be worded in many ways, but it often takes the form of a requirement that the applicant’s past and present conduct show reasonable grounds for belief that the applicant will practice their profession with honesty, integrity and in accordance with the law.
The Divisional Court recently reinforced who bears the onus in showing this criterion is met (or not met) in Yarco Developments. John McIntyre recently reviewed the impacts of this case on health regulators and professionals at the Health Law Section’s Lunch and Learn on February 21, 2024. Some of those key points are revisited below.
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