The opiate crisis is finally getting the recognition it should. It destroys families, increases crime, and causes heartbreak. People in all socioeconomic groups legally and illegally obtain and use these drugs. I cry when I hear about deaths that should have never happened. I weep when babies are born addicted. I mourn when I read about families forever destroyed by the loss of a teenager or young adult.
http://www.philly.com/philly/h
The Toronto branch of the Ontario Medical Association has come under fire for surveying 12,000 local doctors about “allowing” patients to pay out of pocket for health care.
https://www.thestar.com/news/g
A basic income program similar to the one Ontario is testing would cost Canada around $15 billion annually, says a new study from the Northern Policy Institute.
The study estimates that if Ontario’s basic income were implemented nationwide, it would cost $30 billion per year. But because the program replaces existing welfare and disability support programs, the savings would offset about half the cost of the basic income
http://www.huffingtonpost.ca/2
On appeal from the judgment of Justice Stephen E. Firestone of the Superior Court of Justice, dated September 14, 2016, with reasons reported at 2016 ONSC 5579.
REASONS FOR DECISION
[1] The Law Society of Upper Canada brought disciplinary proceedings against the appellant in 2007 that finally resolved in his favor in October 2014. The appellant then brought this action claiming damages from the Law Society for negligent investigation, malicious prosecution, and mischief in public office.
[2] The appeal concerns the motion judge’s decision to strike the claim for negligent investigation as disclosing no reasonable cause of action under rule 21.01(1)(b) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. The other claims will proceed in any event.
[3] The motion judge based his decision on s. 9 of the Law Society Act, R.S.O. 1990, c. L.8, which provides:
No action or other proceedings for damages shall be instituted against the Treasurer or any bencher, official of the Society or person appointed in Convocation for any act done in good faith in the performance or intended performance of any duty or in the exercise or in the intended exercise of any power under this Act, a regulation, a by-law or a rule of practice and procedure, or for any neglect or default in the performance or exercise in good faith of any such duty or power.
[4] The appellant argues that the plain terms of s. 9 expressly protect only Law Society employees and officials from negligence claims, but not the Law Society itself. Two impediments relating to stare decisis confront the appellant.
[5] One impediment is this court’s decision in Conway v. The Law Society of Upper Canada, 2016 ONCA 72, 395 D.L.R (4th) 100. The court referred to s. 9 of the Law Society Act as “the statutory immunity” at para. 21, and added at para. 22:
Mere negligence in the good faith performance of the LSUC’s duties or functions is not enough to establish liability. However, an absence of good faith or “bad faith”, involving malice or intent, is sufficient to ground a properly pleaded cause of action against the LSUC.
[6] This court in Conway and the motion judge cited this court’s decision in Edwards v. Law Society of Upper Canada (2000), 48 O.R. (3d) 329 (C.A.), aff’d 2001 SCC 80, [2001] 3 S.C.R. 562, where Finlayson J.A. said at paras. 26, 30 and 40:
It is also important to note that immunity to civil suit is codified in s. 9 of the Law Society Act. While it applies only to actions against officials of the Society and not the Law Society itself, the Legislature is presumed to know the law and must be taken to have recognized that the society itself has been traditionally immunized from civil actions by the common law.
Advertising is the big challenge facing personal injury lawyers for the next decade and enforcement will be the key to successfully deal with the issue, Aurora personal injury lawyer Tim Boland tells Canadian Lawyer magazine.
“It does seem counterintuitive to see customer satisfaction increase as premiums rise, but customers are content to pay more when they believe they’re getting value for their money,” observed Valerie Monet, senior director of the insurance practice at J.D. Power.
n Campisi v. Ontario, 2017 ONSC 2884, plaintiff lawyer and Osgoode Hall Law School insurance law professor Joseph Campisi (himself the applicant) challenged the constitutionality of two sections of the Insurance Act:
Miguel “Mike” Pena had the magic touch when it came to his special needs son.
When he came home from work as an IT manager, Pena took over the caregiving from his wife. After dinner, he and Miguel Pena Jr. would head out to the park or the mall. On weekends, it was swimming, baking, singing, church going. Miguel, known as Migue, has severe autism and behavioural issues. When he’d turn violent, it was his dad who could bring him back under control.
http://www.torontosun.com/2017
Adam was fortunate to survive a major car accident three years ago. He was in hospital for several months but had no ongoing physical injuries. He looked like he made a full recovery. But he was argumentative, childish, vulgar and his family said he “was not the same person”. Adam had a severe traumatic brain injury.
http://theconversation.com/exp
Rutgers University researchers have discovered that lithium, a mood stabilizer used for decades to treat bipolar disorder and serious depression, may also help preserve brain function in patients who suffer traumatic brain injury (TBI).
http://www.lexology.com/librar