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Drug companies would be forced to reveal payments to doctors under new Ontario legislation

The Ontario government plans to unveil legislation Wednesday that would force drug companies and other businesses to publicly divulge the payments they make to health professionals, answering long-standing complaints about industry influence on the medical profession.

http://nationalpost.com/health/drug-companies-would-be-forced-to-reveal-payments-to-doctors-under-new-ontario-legislation

A Housing Benefit Would Reduce The Need For Food Banks

Whether or not someone has access to affordable housing can have a direct impact on their health, ability to acquire and hold employment, and even their interactions with the justice system. For families, it can impact a child’s growth and development, affect educational outcomes, as well as make it difficult to afford all other necessities, like heat and hydro, food, personal care items, and transportation.

http://www.huffingtonpost.ca/ontario-association-of-food-banks/a-housing-benefit-would-reduce-the-need-for-food-banks_a_23218477/

Basic Income Pilot Project Raises Serious Concerns

THUNDER BAY – I received a letter last night from the director of the Basic Income Pilot, in response to my request for more information, about what I was signing up for.

She wrote, “If you decide to enroll and are facing a court order to repay consumer debt that would reduce your Basic Income payment and find that this leaves you in a worse financial situation than when you were receiving ODSP, let us know. We can help you opt out of the OBIP, and be rapidly reinstated onto ODSP.”

http://www.netnewsledger.com/2017/09/22/basic-income-pilot-project-raises-serious-concerns/

Effective October 2, 2017, the new common rules will apply at the LAT

http://www.slasto.gov.on.ca/en/Pages/WHAT’S-NEW.aspx

http://www.slasto.gov.on.ca/en/Documents/What%20New-EN/LAT%2c%20ACRB%2c%20FSC%20Common%20Rules%20of%20Practice%20and%20Procedure.pdf

The GOS-E and Catastrophic Determination – Gathering EVIDENCE of Pre-Accident Function

Over the last few months we have had the privilege of presenting to a multitude of Personal Injury Lawyers on the June 1, 2016 changes to catastrophic determination, most specifically on the Glascow Outcome Scale Extended (GOS-E).  If you are working in motor vehicle accident (MVA) rehabilitation or personal injury law, this scale is one you need to be familiar with.

http://solutionsforliving.ca/2017/09/the-gos-e-and-catastrophic-determination-gathering-evidence-of-pre-accident-function/

Are structured settlements considered property or income in divorces?

The Ontario Court of Appeal has clarified whether a structured settlement obtained in a personal injury case is considered property or income during the process of property division and equalization. The court ruled that structured settlement funds should be treated as income in divorce proceedings.

http://www.advocatedaily.com/lisa-gelman-are-structured-settlements-considered-property-or-income-in-divorces.html

Case Comment: Ongoing Gatekeeping Duty of Trial Judge Regarding Expert Evidence Bruff-Murphy v. Gunawardena, 2017 ONCA 502

The Ontario Court of Appeal has recently provided direction on the ongoing role of trial judges with respect to the admissibility of expert evidence at trial. As noted by Justice Hourigan “The law regarding expert witnesses has evolved considerably over the last 20 years.…Today, expert witnesses are required to be independent, and their function is to provide the trier of fact with expert opinion evidence that is fair, objective and non-partisan.”

http://www.millerthomson.com/en/blog/mt-insurance-law-blog/case-comment-ongoing-gatekeeping-duty-trial-judge-regarding-expert-evidence-bruff-murphy-v-gunawardena-2017-onca-502/

Each application for ACB is a new application – res judicata does not apply – MK v Aviva Insurance Canada, 2017 CanLII 59502 – ON LAT 16-003909

MK is seeking an attendant care benefit in the amount of $3,498.49 per month for the period August 1, 2016 to date and ongoing and interest on any overdue payments pursuant to the SABs.  MK is designated catastrophically impaired within the meaning of the Schedule.

https://www.deutschmannlaw.com/blog/post/each-application-for-acb-is-a-new-application-res-judicata-does-not-apply-mk-v-aviva-insurance-canada-2017-canlii-59502-on-lat-16-003909

Recovering from a brain injury? Video games can help!

Play is important for children because it promotes learning and helps them develop new skills and abilities… but kids play just because it’s fun! As adults we’re really not so different; if it weren’t for our ‘grown-up’ responsibilities we just might play games for hours on end too. Encouraging adults to play is the premise behind play-based therapy for patients with acquired brain injury due to stroke or trauma to the head, such as a car accident or fall.

https://www.mcmasteroptimalaging.org/blog/detail/blog/2017/09/26/recovering-from-a-brain-injury-video-games-can-help!

Scrapping the civil jury

In the event the motion is granted, Grossman says it has the potential to wipe out the province’s civil jury pool, revolutionizing the system in one sweep.
That would suit Rhona DesRoches, a board member of FAIR, the Association of Victims for Accident Insurance Reform. She says plaintiffs currently face an uphill battle to win over jurors tainted by insurance industry propaganda about fraud in the system.
DesRoches says judges are in a far better position than a group of laypeople to navigate the way through complex legislation and conflicting expert testimony and arrive at a fair conclusion for accident victims. She says Ontario should follow the lead of jurisdictions such as Quebec and the United Kingdom, where juries are no longer allowed in motor vehicle cases.
“We’re behind the times,” DesRoches adds.

http://www.canadianlawyermag.com/author/michael-mckiernan/scrapping-the-civil-jury-13608/