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In what circumstances will a regulator’s conclusions on the good character requirement for re-admission to a profession for a member whose registration was cancelled for serious misconduct be overturned on appeal or judicial review?
This question arose in Chartered Professional Accountants of Ontario v Siddiqi, 2026 ONSC 2190. Mr. Siddiqi’s registration with CPA Ontario had been cancelled following a conviction for serious criminal offences relating to knowingly making false statements in an application for a small business loan. In his application for re-admission, the decision-maker had to determine whether Mr. Siddiqi was of “good character”; a majority concluded that he was not. Mr. Siddiqi appealed that decision to an appeal panel, which reversed the decision.
CPA Ontario then sought judicial review of the appeal panel’s decision. The Ontario Divisional Court agreed with CPA Ontario, finding that the appeal panel did not appropriately defer to the findings in the re-admission decision, including with respect to its findings about a lack of remorse, character reference letters and rehabilitation. Further, the Court found that the appeal panel failed to consider the need to uphold public trust and confidence in the profession. The Court noted that determining good character is a “nuanced exercise” and that “reasonable people could disagree” on that issue.
This decision signals that where the reasonableness standard of review applies, an appeal body must appropriately defer to the primary decision-makers conclusion on good character, and cannot interfere simply because it disagrees with those conclusions.
our two cents for free
Regulators often have the ability to create policies to assist decision-makers in establishing what qualifies as “good character”; these policies can assist in bringing a consistent approach to the issue across the profession.
question
Have you considered how appellate decision-makers review decisions made at first instance, and what tools the need to understand reasonableness review?
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