A FORUM on ONTARIO MEDICINE: business and professional Information from various contributors edited by Dr.Alex Franklin MBBS(Lond.)Dip.Phys.Med(UK) DPH & DIH(Tor.)LMC(C)FLex(USA).Fellow Med.Soc.London, Liveryman of London Society of Apothecaries. Freeman of City of London. Member Toronto Faculty club & Toronto Medico-Legal society.
20 Jan 2014
WEIGHT-LOSS Dr S.K.BERNSTEIN MD(Tor.1966) invested $100million in property:lawyers Mrs N.J & Mr.R WALTON.accused of theft.
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Lawyer accused of ‘theft’ against Dr. Bernstein restricted from practising real estate law Featured
Monday, 20 January 2014 08:01 | Written By Yamri Taddese | Print | Email
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A Law Society of Upper Canada hearing panel has temporarily restricted a lawyer from practising real estate law after a court-ordered investigation found her to have diverted millions of dollars from a joint investment without the knowledge of her business partner, well-known weight-loss physician Dr. Stanley Bernstein.
The law society is seeking an interlocutory suspension of Norma Jean Walton and her husband Ronauld’s licences to practise law following a finding that their company misappropriated funds.
On Jan. 13, lawyers for the couple requested an adjournment of the suspension motion due to the need for additional time for preparation. In the meantime, Norma —“the primary actor” in the financial misuse, according to law society counsel Lisa Freeman — can’t practise real estate law.
According to court documents in civil proceedings related to the case, mortgages worth $6 million were discharged from joint investment projects the Waltons owned with Bernstein without his approval. A court-ordered investigation also found that $2.1 million in mortgage proceeds was diverted from the joint investments.
Of that sum, $400,000 went into Norma’s personal bank account; $353,000 was used to repay a loan owed by the couple’s company, the Rose and Thistle Group Ltd.; and $154,600 was transferred to other companies owned by the Waltons. An additional $268,000 that went into renovating the Waltons’ home at 44 Park Lane Circle also has “all the appearances of another case of theft,” wrote Superior Court Justice Frank Newbould in DBCD Spadina Ltd. v. Norma Walton on Nov. 5, 2013.
The Waltons participated in 31 projects with Bernstein in which they had a 50-per-cent share. Bernstein has invested more than $100 million in the joint projects. In a strongly worded November 2013 endorsement, Newbould said Norma’s actions were akin to theft.
“Ms. Walton admits that $2.1 million was ‘diverted’ and used outside the 31 projects. She admits it should not have been done without Dr. Bernstein’s consent. She offers excuses that do not justify what she did. What happened here, not to put too fine a point on it, was theft,” wrote Newbould.
He added: “Ms. Walton was well aware that this was wrong. She is a lawyer and the agreements were drawn in her office.”
While Freeman argued Newbould’s wording in the endorsement included “strong statements” that merit an interlocutory suspension, Norma’s counsel, Howard Cohen, said she’s appealing the statements made by the judge. Since the matter before the judge wasn’t an allegation of theft, Newbould “really went beyond what was before the court,” Cohen told the hearing panel last week. He also argued it would be “manifestly unfair” to suspend Norma’s licence without giving her a chance to explain herself.
Freeman contested Cohen’s argument, saying Norma had plenty of opportunity to explain herself as she was able to file three affidavits in the civil proceedings.
But Cohen, who noted his client was already “under siege,” said there was no need to suspend her licence as she’s not a danger to the public.
“The situation at the present time is that Ms. Walton does not practise law in any way,” he said, adding his client limits her legal work to her own company. As to any work she’s currently doing, Cohen assured the panel that “there are more eyes on her than you can possibly imagine.”
He added: “Her hands are tied.”
Both Cohen and Brian Greenspan, counsel for Ronauld, said a licence suspension would unnecessarily ruin their clients’ reputations and bias their case in the civil proceedings.
But Freeman told the hearing panel chaired by Bencher Barbara Murchie that its prime responsibility is public safety and not the reputation of the lawyers.
“It’s unfortunate that reputational damage is a biproduct of these orders, but that’s not really before the panel,” she said.
Greenspan said Ronauld “does not practise law at all” and that suspending his licence would be “for no reason at all.” Freeman said while the law society deems Norma to be the main actor in the alleged breach of the agreement with Bernstein, Ronauld is also implicated as a “beneficiary” of the proceeds.
Freeman said that since Norma used her Teranet access to discharge mortgages without Bernstein’s approval, the panel should restrict her from making any use of it. “If a licensee is diverting millions of dollars from a business partner, it’s a question of integrity,” she said.
In the compromise that followed, the law society agreed not to suspend Norma’s licence in the weeks between Jan. 13 and the motion hearing date as long as Norma doesn’t practise real estate law. The motion is scheduled to proceed on Feb. 5.
Norma has a disciplinary record with the law society. In 2007, she received a reprimand following a finding of professional misconduct related to “comingling” of client funds with corporate and financial accounts.
17 Jan 2014
Relative penalties Loss of arm $90,000 vs CPSO $24,000 fine for not writing the postal address on patient charts.
Iron Mountain Canada Operations ULC Fined $90,000 After Worker Loses Arm
January 17, 2014
TORONTO, ON - Iron Mountain Canada Operations ULC, a document-shredding company, has been fined $90,000 for a violation of Ontario's Occupational Health and Safety Act after a worker at a Toronto plant lost an arm.
On November 7, 2012, repairs were being done on a conveyor that is part of the shredding operation when material became stuck in the return side of the conveyor in a pit. A worker accessed the pit after opening a gate and climbing down a ladder, then used one hand to reach into an opening to remove the material. The worker's arm became caught in the conveyor, resulting in the loss of the arm at the shoulder. The event took place at a plant located at 90 The East Mall in Toronto. A Ministry of Labour investigation followed.
A Ministry of Labour investigation found that the worker had to go through a closed gate to access the pit and the gate had a latch to keep the gate closed. However, there was no mechanism such as a lock or other tool that would prevent a worker from opening the gate to access the area while the conveyor was in operation, and there was no other device in place to prevent access to the pinch point created by the moving underside of the conveyor.
Iron Mountain Canada pleaded guilty to failing, as an employer, to ensure that an in-running nip hazard on the conveyor that endangered the safety of a worker was equipped with and guarded with a device that prevented access to the pinch point, and was fined $90,000.
The fine was imposed by Justice of the Peace Mary Anne Ross-Hendricks. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime
Location: Ontario Court of Justice
70 Centre Avenue
Toronto, ON
Judge: Justice of the Peace Mary Anne Ross-Hendricks
Date of Sentencing: January 16, 2014
Defendant: Iron Mountain Canada Operations ULC
195 Summerlea Road
Brampton, ON
Matter: Occupational Health and Safety
Conviction: Ontario Regulation 851/90
(Industrial Establishments)
Occupational Health and Safety Act
Section 25(1)(c)
Crown Counsel: Alicia Gordon-Fagan
11 Jan 2014
Can Nutrition Soc.meeting 11 Jan. 2014 Tor. Hyatt Regency Keynote Speaker Harvard Prof Paed. & Nutrition D.LUDWIG MD PhD (Stanford)
The John Fielding Crigler, Jr. & Mary Adele Sippel Crigler Chair in Pediatric Endocrinology; Director, Optimal Weight for Life (OWL) Clinic; Director, New Balance Foundation Obesity Prevention Center Boston Children's Hospital
Academic Title: Professor of Pediatrics (Harvard Medical School); Professor of Nutrition (Harvard School of Public Health)
Research Area: obesity
David Ludwig developed the Children's Optimal Weight for Life (OWL) Program --a multi-disciplinary care clinic dedicated to the evaluation and treatment of children who are overweight/obese. Not only does the program provide state-of-the-art care for overweight children, it also serves as a setting for clinical research to develop innovative treatments for pediatric obesity.
He has also been the a principal or co-investigator of several epidemiological and clinical studies to identify dietary factors that contribute to obesity. His research has determined that: A low-glycemic index diet may be as or more effective than the standard reduced-fat diet for weight loss in children and adolescents. Consumption of soft drinks is directly related to obesity in children. Fast food consumption is associated with factors that increase risk of childhood obesity. Consumption of dairy products may offer protection against insulin resistance in overweight adults.
About David Ludwig
David Ludwig received a PhD and an MD from Stanford University School of Medicine. He completed an internship and residency in pediatrics and a fellowship in pediatric endocrinology at Boston Children's Hospital.
Key Publications
Weight-loss maintenance: mind over matter? NEJM 2010, 363:2159-2161
Technology, diet, and the burden of chronic disease. JAMA 2011, 305:1352-1353
The supplemental nutrition assistance program, soda, and USDA policy: who benefits? JAMA 2011, 306:1370-1
Effects of dietary composition on energy expenditure during weight-loss maintenance. JAMA 2012, 207:2627-2634
Surgical versus lifestyle treatment for type 2 diabetes. JAMA
Effects of a low-glycemic load diet in overweight and obese pregnant women: a pilot randomized controlled trial (American Journal of Clinical Nutrition; 2010 Dec)
The Association Between Pregnancy Weight Gain and Birthweight: a Within-family Comparison (Lancet; 2010 Sept 18)
Effects of Glycemic Index on Oxidative Stress (Obesity; 2009 Sept)
Effects of Insulin Secretion on Response to Glycemic Load (American Journal of Clinical Nutrition; 2008 Feb)
Effects of Glycemic Index on Fatty Liver in Rodents (Obesity; 2007 Sept)
An 18-month Study of a Low Glycemic Load Diet in Young Adults (JAMA; 2007 May 16)
Funding Source Influences the Outcomes of Nutrition-Related Scientific Articles(PLoS Medicine; 2007 Jan)
How TV Viewing Affects Children’s Diets (Archives of Pediatric Adolescent Medicine; 2006 Apr)
Reducing Sugar-Sweetened Beverage Consumption Causes Weight Loss in Adolescents (Pediatrics; 2006 Mar)
Beneficial Effects of Low Glycemic Load Diet on Heart Disease Risk Factors(American Journal of Clinical Nutrition; 2005 May)
Effects of Fast Food on Weight Gain and Insulin Resistance in Young Adults(Lancet; 2005 Jan 1)
Beneficial Effects of a Low Glycemic Load Diet on “Body Weight Set Point”(JAMA; 2004 Nov 24)
A High Glycemic Index Diet Causes Obesity in Rodents (Lancet; 2004 Aug 28)
Why Fast Food Causes Weight Gain in Adolescents (JAMA; 2004 June 16)
Effects of Fast Food on Calorie Consumption and Diet Quality in Children(Pediatrics; 2004 Jan)
Weight Loss in Obese Adolescents on a Low Glycemic Load Diet (Archives of Pediatric Adolescent Medicine; 2003 Aug)
Effects of Dairy Consumption on the Metabolic Syndrome (JAMA; 2002 Apr 24)
Effects of Sugar-Sweetened Beverage on Body Weight in Children (Lancet; 2001 Feb 17)
A Low Glycemic Load Diet Promotes Weight Loss in the OWL Clinic (Archives of Pediatric Adolescent Medicine; 2000 Sept)
Fiber But Not Fat Consumption Affects Body Weight (JAMA; 1999 Oct 27)
How Glycemic Index Affects Hunger and Food Consumption (Pediatrics; 1999 Mar)
- See more at: http://www.childrenshospital.org/directory/researchers/l/david-ludwig#sthash.tTsl7vrn.dpuf
U.Tor.Prof.D J A JENKINS: "GLYCAEMIC INDEX"Can Nutrition Soc.meeting 11 Jan,2014 HYATT REGENCY
David J.A. Jenkins, BM,BCh (Oxon.1971),M.D., Ph.D., D.Sc.
Professor
Canada Research Chair in Nutrition and Metabolism
Department of Nutritional Sciences
Director, Risk Factor Modification Centre, St. Michael's Hospital
Ph: 416.978.4752
Fax: 416.978.5310
cyril.kendall@utoronto.ca
Research:
The ultimate goal of our research team is to elucidate the potential of diet to prevent and treat chronic diseases; primarily heart disease, cancer and diabetes. Our research is clinically based. Dietary trials allow us to also assess mechanisms in vivo by which diet and/or its components alter risk for disease. We have spent considerable time assessing the glycemic index of foods, and have identified legumes and traditional methods of processing as producing a low glycemic index (eg. white pasta - low vs. white bread - high) We have and continue to carry out research on vegetable proteins and their potential health benefits eg. soy, gluten, and other cereal and vegan proteins. Most recently we have started to combine foods with cholesterol lowering actions (soy, viscous fibers, oats, barley, plant sterols and nuts - almonds) in a single diet to lower serum cholesterol.
We have demonstrated that early statin-like effects can be achieved under highly controlled conditions. In the real world this dietary approach has a somewhat dampened level of efficacy, but remains a highly effective dietary approach to cholesterol reduction. We continue to carry out studies on low glycemic index diets, and the quest to find new low glycemic index foods continues. We also work in collaboration with the food industry on a diverse spectrum of food products and food components ranging from macronutrients to phytochemicals.
Selected publications:
Jenkins, DJA. Kendall CWC. Faulkner DA. Nguyen T. Kemp T. Marchie A. Wong JM. de Souza R. Emam A. Vidgen E. Trautwein EA. Lapsley KG. Holmes C. Josse RG. Leiter LA. Connelly PW. Singer W. Assessment of the longer-term effects of a dietary portfolio of cholesterol-lowering foods in hypercholesterolemia.American Journal of Clinical Nutrition. 83(3):582-91, 2006 Mar.
Jenkins, DJA. Kendall CWC. Marchie A. Faulkner DA. Wong JMW. De Souza R. Emam A. Parker TL. Vidgen E. Trautwein EA. Lapsley KG. Josse RG. Leiter LA. Singer W. Connelly PW.Direct comparison of a dietary portfolio of cholesterol-lowering foods with a statin in hypercholesterolemic participants.American Journal of Clinical Nutrition. Vol. 81(2)(pp 380-387), 2005.
Jenkins, DJA. Kendall CWC. Marchie A. Faulkner DA. Josse AR. Wong JMW. de Souza R. Emam A. Parker TL. Li TJ. Josse RG. Leiter LA. Singer W. Connelly PW. Direct comparison of dietary portfolio vs statin on C-reactive protein.European Journal of Clinical Nutrition. Vol. 59(7)(pp 851-860), 2005.
Jenkins, DJA. Kendall CW. Marchie A. Faulkner DA. Wong JM. de Souza R. Emam A. Parker TL. Vidgen E. Lapsley KG. Trautwein EA. Josse RG. Leiter LA. Connelly PW. Effects of a dietary portfolio of cholesterol-lowering foods vs lovastatin on serum lipids and C-reactive protein.JAMA. 290(4):502-10, 2003 Jul 23.
Jenkins, DJA. Kendall CW. D'Costa MA. Jackson CJ. Vidgen E. Singer W. Silverman JA. Koumbridis G. Honey J. Rao AV. Fleshner N. Klotz L. Soy consumption and phytoestrogens: effect on serum prostate specific antigen when blood lipids and oxidized low-density lipoprotein are reduced in hyperlipidemic men.Journal of Urology. 169(2):507-11, 2003 Feb.
Jenkins, DJA. Kendall CW. Marchie A. Parker TL. Connelly PW. Qian W. Haight JS. Faulkner D. Vidgen E. Lapsley KG. Spiller GA. Dose response of almonds on coronary heart disease risk factors: blood lipids, oxidized low-density lipoproteins, lipoprotein(a), homocysteine, and pulmonary nitric oxide: a randomized, controlled, crossover trial. Circulation. 106(11):1327-32, 2002 Sep 10.
Jenkins, DJA. Kendall CWC. Augustin LSA. Martini MC. Axelsen M. Faulkner D. Vidgen E. Parker T. Lau H. Connelly PW. Teitel J. Singer W. Vandenbroucke AC. Leiter LA. Josse RG. Effect of wheat bran on glycemic control and risk factors for cardiovascular disease in type 2 diabetes.Diabetes Care. Vol. 25(9)(pp 1522-1528), 2002.
Jenkins, DJA. Kendall CW. Jackson CJ. Connelly PW. Parker T. Faulkner D. Vidgen E. Cunnane SC. Leiter LA. Josse RG. Effects of high- and low-isoflavone soyfoods on blood lipids, oxidized LDL, homocysteine, and blood pressure in hyperlipidemic men and women.American Journal of Clinical Nutrition. 76(2):365-72, 2002 Aug.
Jenkins, DJA. Kendall CW. Connelly PW. Jackson CJ. Parker T. Faulkner D. Vidgen E. Effects of high- and low-isoflavone (phytoestrogen) soy foods on inflammatory biomarkers and proinflammatory cytokines in middle-aged men and women. Metabolism: Clinical & Experimental. 51(7):919-24, 2002 Jul.
Jenkins, DJA. Kendall CW. Vuksan V. Vidgen E. Parker T. Faulkner D. Mehling CC. Garsetti M. Testolin G. Cunnane SC. Ryan MA. Corey PN. Soluble fiber intake at a dose approved by the US Food and Drug Administration for a claim of health benefits: serum lipid risk factors for cardiovascular disease assessed in a randomized controlled crossover trial.
American Journal of Clinical Nutrition. 75(5):834-9, 2002 May.
Editorial BMJ: American Med. Assn lobbying costs $16.5m
But in the ensuing days the BMJ published this data briefing looking at federal lobbying costs (doi:10.1136/bmj.f7366), and it portrays a scene in which doctors are far from absent.
The single biggest spend on lobbying by a drug company in 2012 was Eli Lilly and Cos $11.1m ({euro}8.1m, £6.8m). This was closely followed by Pfizer Inc at $10.2m and Merck and Co at $9.5m.
But none even comes close to the $16.5m spent by the American Medical Association on influencing government to the benefit, often financial, of its members. And although it is by far the biggest spender of the professional representative organizations, the American Colleges of Radiology, Emergency Physicians, and Cardiology all counted their lobbying spends in millions of dollars in 2012, and are far from alone in doing so.
Theres no doubt that self-interested lobbying represents a challenge in the battle against rising costs in US healthcare. What is less clear is whether doctors are part of the problem or the solution, and what they are willing to do to change the status quo.
Cite this as: BMJ 2014;348:g135
Follow BMJ Editor Fiona Godlee on Twitter @fgodlee and the BMJ @bmj_latest
5 Jan 2014
U.Toronto FACULTY MEDICINE Graduating Class 2013 Demographics
From U.Tor Magazine MMAMATTERS Winter 2013 pp 10-11 Illustrated with 225 pics.
MALE:102
FEMALE:113
Ethnic Asian names: 50
Ethnic Ashkenazi names:16
Ethnic African names: 2
Lawyers Weekly: New Queen's Counsels
Donning the silks
Posted: 03 Jan 2014 08:39 AM PST
More than 180 lawyers across the country welcomed 2014 with a Queen’s Counsel designation to add to their title. Although Ontario and Manitoba no longer bestow the centuries-old honour upon lawyers, most other provinces still do.
(COMMENT) OMA members selecting Lawyers have difficulty knowing which lawyers are best. A "QC" used to help. Left-wing Socialist Ontario dislikes UK-based honours. Many of the major law firms have branches across Canada. Unlike MDs, a lawyer can practice 90 days in any Province. A Doctor is reported to have retained a lawyer from the firm of LENCZNER,SLAGHT,ROYCE,SMITH,GRIFFIN LLP who attended a pre-CPSO tribunal conference in his office with a bare foot and ice-bag -after running. He also failed to attend the Tribunal when the MD was being Cross-examined. A timid Junior took his place, never once objecting to the "legal tricks" of the CPSO female "Prosecutor" (now working for TD bank)who asked multiple clause questions to which it was impossible to give "yes/no" answers.)
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