INTRODUCTION to the STUDY of LAW. by U.Toronto Prof S.M.WADDAMS.PhD LLM SJD FRSC 7th Ed.Carswell, Tor.122 pp.$53
Essential reading for all doctors to learn that Canuck Courts judge EVIDENCE & not look for JUSTICE.
Canadian Courts are ADVERSARIAL not INQUISITORIAL as in many European Countries.
The OMA four staff lawyers do not provide MEDICAL CASE LAW. The OMA Legal dept.does not report and codify CPSO Tribunal decisions.
BTW CPSO " trials" are TRIBUNALS & NOT COURT TRIALS. The TRIBUNAL members have name
cards in front of then unlike COURT JUDGES, One does NOT have to STAND when Tribunal members enter the room. One does not have to SWEAR an OATH or AFFIRM in a TRIBUNAL HEARING.
Unlike the Courts, the CPSO Tribunal charges the OMA member the costs of the proceedings at about $3500 a day. The CMPA insurance does not cover an APPEAL to Ont. Superior Court. The usual retainer is $30,000. Knowledge of the Law is important.
10 Nov 2012
Problem of Psychopathic Refugees
November 2012
Last updated at 14:09 ET
FROM BBC.
Otak was told he acted out of "childish jealousy"
He then abducted his ex partner, 19-year-old Elisa Frank, and drove to Dover in a bid to flee the country.
Otak was jailed for a minimum of 34 years at Leeds Crown Court.
Otak, who repeatedly lied about his age but is thought to be at least 22, pleaded guilty to two counts of murder at a hearing in October.
Judge Justice Coulson told the double killer he "behaved like an animal" and was "incapable of behaving like a human being".
The court heard he lied about his age to get preferred treatment by social services.
'Frenzied attack' The court heard he had a turbulent relationship with Ms Frank, who he met in care, and became increasingly possessive, threatening to kill her if she left him.
In February, Ms Frank broke off their relationship.
A month later, Otak went to Kimberley Frank's flat with a kitchen knife that he bought that day and stabbed her 15 times as her sister was made to watch.
Prosecution barrister Richard Mansell QC told the court: "At one point he stood over Kimberley Frank's body, laughed, licked blood from the knife and spat at her body."
Samantha Sykes and Kimberley Frank were found dead at Kimberley's flat in Wakefield
Otak then tied Ms Frank up and made her ask her friend Miss
Sykes to come to the flat. When Miss Sykes arrived, he stabbed her
repeatedly.
Miss Sykes sustained 32 stab and slash wounds.
Otak then abducted Ms Frank and fled to Dover.
They met an illegal immigrant, Bahram Bahrami, at the port and hid with him in the back of a wagon.
But as Otak's back was turned, Ms Frank told Mr Bahrami she was being held at knifepoint.
He wrestled the knife from Otak, fled to nearby houses with Ms Frank and the police were called.
Mr Justice Coulson said: "You killed two people in the brutal way that you had planned.
"You forced Elisa Frank to take part and then abducted her, and your treatment of her sister's body demonstrates at least a degree of sadism.
"You will not even be considered for release until the year 2046."
FROM BBC.
Ahmad Otak jailed for 34 years for murdering two teenagers
Otak was told he acted out of "childish jealousy"
A man who forced his
ex-girlfriend to watch him murder her sister and her friend after she
refused to take him back has been jailed for life.
Ahmad Otak, an asylum seeker from Afghanistan, stabbed
17-year-old Kimberley Frank and Samantha Sykes, 18, in March in West
Yorkshire.He then abducted his ex partner, 19-year-old Elisa Frank, and drove to Dover in a bid to flee the country.
Otak was jailed for a minimum of 34 years at Leeds Crown Court.
Otak, who repeatedly lied about his age but is thought to be at least 22, pleaded guilty to two counts of murder at a hearing in October.
Judge Justice Coulson told the double killer he "behaved like an animal" and was "incapable of behaving like a human being".
Continue reading the main story
“Start Quote
Mr Justice CoulsonYou forced Elisa Frank to take part and then abducted her, and your treatment of her sister's body demonstrates at least a degree of sadism”
He said he was a "practised
liar" who repaid the generosity the UK had shown to him by murdering two
teenage girls with a "significant degree of premeditation".
Otak, of Linton Road, Wakefield, arrived in the UK in 2007 and was granted humanitarian protection to stay in Britain. The court heard he lied about his age to get preferred treatment by social services.
'Frenzied attack' The court heard he had a turbulent relationship with Ms Frank, who he met in care, and became increasingly possessive, threatening to kill her if she left him.
In February, Ms Frank broke off their relationship.
A month later, Otak went to Kimberley Frank's flat with a kitchen knife that he bought that day and stabbed her 15 times as her sister was made to watch.
Prosecution barrister Richard Mansell QC told the court: "At one point he stood over Kimberley Frank's body, laughed, licked blood from the knife and spat at her body."
Samantha Sykes and Kimberley Frank were found dead at Kimberley's flat in Wakefield
Miss Sykes sustained 32 stab and slash wounds.
Otak then abducted Ms Frank and fled to Dover.
They met an illegal immigrant, Bahram Bahrami, at the port and hid with him in the back of a wagon.
But as Otak's back was turned, Ms Frank told Mr Bahrami she was being held at knifepoint.
He wrestled the knife from Otak, fled to nearby houses with Ms Frank and the police were called.
Mr Justice Coulson said: "You killed two people in the brutal way that you had planned.
"You forced Elisa Frank to take part and then abducted her, and your treatment of her sister's body demonstrates at least a degree of sadism.
"You will not even be considered for release until the year 2046."
6 Nov 2012
NEW IMMIGRATION POLICY: PRIORITY for SKILLED WORKERS.
Attracting a
skilled workforce and growing a stronger economy
- As immigration increases, raise the proportion of economic immigrants to 70 per cent from the current level of 52 per cent.
- Increase Ontario's role in selecting the immigrants who meet our unique labour market needs.
- Request a doubling of our Provincial Nominee Program from the federal government to 2,000 in 2013, increasing to 5,000 in 2014.
5 Nov 2012
CPSO PAST CHAIR R.KOKA on ONT.IMMIGRATION COMMITTEE
Expanding our Routes to Success: The Final Report by Ontario's Expert Roundtable on Immigration
To help build a stronger economy, Ontario will develop its first-ever immigration strategy.
A new expert roundtable, led by Julia Deans, will help develop the strategy and examine ways that immigration can best support Ontario’s economic development and help new Ontarians find jobs.
The roundtable consists of business people, employers, academics and other experts on immigration and labour market needs.
Members of the Expert Roundtable on Immigration are:
- Julia Deans (Chair) – past CEO of Greater Toronto CivicAction Alliance
- Craig Alexander - Senior Vice President & Chief Economist, TD Bank Group
- Steve Arnold - Warden, Lambton County
- Charles Beach - Professor, Queens University
- Catherine Chandler-Crichlow - Executive Director, Centre of Excellence in Financial Services Education, Toronto Financial Services Alliance
- Debbie Douglas - Executive Director, Ontario Council of Agencies Serving Immigrants
- Karna Gupta - President and CEO, Information Technology Association of Canada
- Phillip Kelly - Associate Professor, York University
- Past Pres.CPSO PSYCHIATRIST Rayudu Koka MD(1974 Karnata U.) FRCPC- Medical Director, Mental Health and Addictions Program, Hôpital régional de Sudbury Regional Hospital.
- Gus Kotsiomitis - Vice President, Commercial Financial Services, RBC
- Allan O’Dette - President and CEO, Ontario Chamber of Commerce
- Ratna Omidvar – President, Maytree Foundation
- Léonie Tchatat - Executive Director, La Passerelle - Intégration et Développement Économiques (The Gateway - Integration and Economic Development).
3 Nov 2012
MEDICAL NECESSITY: in Ontario NEVER DEFINED
CMAJ has two articles on MEDICAL NECESSITY. A problem since the 1980s when OHIP fined Doctors for referrals to specialists & investigations above the statistical norm for the area. The problem of MEDICAL NECESSITY was also brought before the Hon.Justice de Carteret CORY inquiry about the Ontario College of Physicians & Surgeons (CPSO) Medical Review Committee (MRC) that had no fixed policy about Medical Necessity. As a result the MRC was dissolved. The Chairmen were community GPs; e.g. Stanley.BAIN , Barnett GIBLON & Sandy SHULMAN. The MRC Inquiry was the result of a Legislative Assembly question by NDP MPP Lawyer Peter KORMOS. after the 2003 drowning suicide of the sole Welland Paediatrician Dr.Anthony HSU (57y) who was fined $108,000 by the MRC for not writing enough
Gentle Dr. Hsu and the audit that haunted him
Christie
Blatchford -
Wednesday, October 27, 2004
Wednesday, October 27, 2004
TORONTO -- For about 15 minutes yesterday
morning, the widow Irene Hsu sat directly across a boardroom table from retired
Supreme Court Justice Peter Cory and wept behind her big sunglasses.
Mrs. Hsu was there to tell the judge, who is
in charge of reforming Ontario's much-maligned system of auditing doctors, how
that system drove her husband, who drowned himself in April last year, to his
death.
"Justice Cory," she said in a voice
quivering with emotion, "my husband did nothing wrong. The only thing he
did was devote too much of himself to his patients" such that his
record-keeping suffered.
"He was punished for his abbreviated
notes," Mrs. Hsu cried, notes she said he kept to the brief essentials
because as a frenetic pediatrician in the doctor-starved city of Welland,
something had to give in his practice, and he chose his young patients over
paperwork. The body of 57-year-old Anthony Hsu, by all accounts a dedicated
doctor and gentle father of three, was pulled from Lake Ontario on April 10
last year, almost a week after he had gone missing.
Audited by the now-suspended Medical Review
Committee, which is an agency of the Ontario government administered by a committee
of the College of Physicians and Surgeons of Ontario, Dr. Hsu had cashed in his
RRSPs in order to repay $108,000 for services that were allegedly incompletely
detailed in his billings.
"He felt the audit had tainted his
name," Mrs. Hsu told Judge Cory through her tears.
According to Mrs. Hsu and others who have
appeared at the hearings in downtown Toronto, at the heart of her husband's and
many other physicians' alleged irregularities was one of the complex, vague
billing codes contained in the Schedule of Benefits.
This is the billing bible for doctors, so
impenetrable that Judge Cory yesterday said, of his own reading of it, "I
thought I might never surface again."
The judge flatly termed it "an awful
mishmash" and "the root of all evil," meaning that many of the
problems he has heard about here in two days stem from the incomprehensible
document that governs how physicians should bill for their services and how
they are paid.
Dr. Hsu, for instance, had billed for general
assessments, yet the MRC found that because his examination didn't include an
examination of all the body's "parts and systems," as required by the
Schedule of Benefits, he should have billed instead for less expensive
"intermediate assessments." Part of his repayment order was to make
up the difference between the two.
Another doctor, London pediatric
respirologist Brian Lyttle, was similarly ordered to repay the Ontario Health
Insurance Plan for his failure to conduct "rectal/gynecological
assessments" on his young patients as part of his general examinations.
But Dr. Lyttle appealed the MRC decision to
the Health Services Appeal Review Board, which found that the MRC's
interpretation was wrong and ordered Dr. Lyttle to be reimbursed in full.
As another pediatrician, Albert Cannitelli of
Woodbridge, yesterday told Judge Cory, referring to the Lyttle case, "You
bring your four-year-old child to me for a cough and I do a rectal exam"
and he would be hauled before the college's disciplinary committee for
professional misconduct.
In Dr. Cannitelli's case, he said, he was
flagged by OHIP because he saw more patients than the provincial average;
because his average cost per patient was slightly higher; and because, on three
particular days, he saw a very high number of patients and did a high number of
the troublesome general assessments.
Yet the explanations were there, he said, had
the MRC paid attention: His practice is heavily weighted to newborns and
youngsters under four, who require more first-time complete exams; he had
recently joined a much busier practice in Woodbridge, and on the three
particular days, his partner was off -- and Dr. Cannitelli had also seen his
patients.
Ironically, about the same time, he was
subject to a routine "peer review" and received an excellent rating. Yet,
almost four years after his MRC audit began, and without having actually
formally appeared before the committee yet, Dr. Cannitelli is facing a bill of
as much as $200,000, including a repayment order, interest and legal fees for
his own lawyer.
Even college president Barry Adams, registrar
Rocco Gerace, and Rachel Edney, the current chair of the embattled MRC -- all
of whom appeared before Judge Cory yesterday on behalf of the college -- agreed
that the audit system is perceived as unfair, secretive and unjust by many
doctors and has lost the confidence of the profession.
As the three were discussing a problem of
"perception," Judge Cory quickly added a clarification. "The
perception, and in some cases the reality," he said, "is that doctors
have been mistreated and abused" by the MRC.
Because the MRC is bound by confidentiality
rules, its members can't comment on specific cases, but outside the hearing
room, Dr. Edney yesterday disputed how the MRC has been painted here.
"I don't think the system is truly
unfair or unjust," she said, adding that contrary to claims by some
doctors, the MRC always gives written reasons for its decisions, and physicians
who are audited always know the allegations against them.
But she agreed the hearings aren't
transcribed and all three from the college agreed that audits -- about 100 of
the province's approximately 23,000 doctors are audited every year -- should be
finished within a year at most.
Though some doctors have told Judge Cory that
the college shouldn't be part of whatever new system he designs, and suggested
it be a more independent body, perhaps even headed by a judge, Dr. Adams said
repeatedly the college should and could continue to administer the audits.
Outside the hearing, Dr. Gerace said it was
the college itself which, about 18 months ago, began the push for reform behind
the scenes, but that it was also statutorily bound to continue participating
even as the system's flaws became apparent.
Listening to the day's evidence -- except for
Cesar Garcia Pan, who gave his submission behind closed doors and who, The
Globe and Mail has learned, told Judge Cory about the suicide of another doctor
who was under the MRC microscope at the time -- was Mrs. Hsu.
In her late husband's quarter-century in
medicine, she told the judge yesterday, he had only ever taken a week off every
year, working long hours and every second or third weekend because he was so
devoted to his young patients.
When her grandchildren ask where their
grandpa is, Mrs. Hsu said she tells them, "He's gone on a very long
holiday, and we will see him again one day."
--
© The Globe and Mail. Republished with
permission. All Rights Reserved. No part of this article may be reproduced or
republished or redistributed without the prior written consent of the copyright
holder.
2 Nov 2012
CENTRIC HEALTH ANNOUNCES TERMINATION OF PROPOSED SHOULDICE ACQUISITION
08:49 (1 hour ago)
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Centric Health Announces Termination of Proposed Shouldice Acquisition
TORONTO,
Nov. 2, 2012 - Centric Health Corporation ("Centric Health"
or "the Company") (TSX: CHH), Canada's leading diversified healthcare
company, today announced that, further to the news release of
September 7, 2012, the asset purchase agreement to acquire
certain assets of Shouldice Hospital Limited ("Shouldice"), which was
subject to closing conditions and regulatory approvals, has expired.
Given the recent political developments
in
Ontario and uncertainty regarding timing
relating thereto, the parties have agreed not to continue with the
currently contemplated transaction.
"We are disappointed not to move forward at this stage," said
Dr. Jack Shevel, Executive Chairman, Centric
Health Corporation. "Shouldice has clearly demonstrated that the
independent sector can play a meaningful role in delivering clinical
services
of high quality with excellent outcomes. We are well positioned with
our platform of seven national Surgical Centres comprising 19 operating
rooms and 86 beds across four provinces to establish Centres of
Excellence in partnership with
Canada's leading healthcare professionals."
About Centric Health's Surgical Centres
Centric Health has seven Surgical Centres across
Canada with a total of 19 operating rooms and 86 beds. They are composed of
Don Mills Surgical Unit in Toronto,
Ontario, Blue Water's three locations in
Sarnia, Windsor and
London, Ontario,
London Scoping Centre in London,
Ontario, False Creek Health Centre in
Vancouver, British Columbia, Canadian Surgical Solutions in
Calgary,
Alberta and Maples Surgical Centre in Winnipeg,
Manitoba. The Company plans to establish premier Centres of Excellence across
Canada focusing on the
provision of specialty niche healthcare services that offer the highest
standards of care with cutting edge technology.
About Centric Health
Centric Health's vision is to be
Canada's premier healthcare company,
providing innovative solutions centered on patients and healthcare
professionals. As a diversified healthcare company with investments in
several niche service areas, Centric Health currently has operations in
medical assessments, disability and rehabilitation management,
physiotherapy and surgical centres, homecare, specialty pharmacy and
wellness and prevention. With knowledge and experience
of healthcare delivery in international markets and extensive and
trusted relationships with payers, physicians, and government agencies,
Centric Health is pursuing expansion opportunities into other healthcare
sectors to create value for all stakeholders
with an unwavering commitment to the highest quality of care. Centric
Health is listed on the TSX under the symbol CHH. For further
information, please visit
www.centrichealth.ca.
This
press release contains statements that may constitute "forward-looking
statements" within the meaning of applicable Canadian securities
legislation. These forward-looking
statements include, among others, statements regarding business
strategy, plans and other expectations, beliefs, goals, objectives,
information and statements about possible future events. Readers are
cautioned not to place undue reliance on such forward-looking
statements. Forward-looking statements are based on current
expectations, estimates and assumptions that involve a number of risks,
which could cause actual results to vary and in some instances to differ
materially from those anticipated by Centric Health
and described in the forward-looking statements contained in this press
release. No assurance can be given that any of the events anticipated
by the forward-looking statements will transpire or occur or, if any of
them do so, what benefits Centric Health will
derive there-from.
For further information:
Chief Financial Officer
Centric Health
416-619-9417
peter.walkey@centrichealth.ca
Lawrence Chamberlain
Investor Relations
The Equicom Group
416-815-0700 ext. 257
lchamberlain@equicomgroup.com
30 Oct 2012
UK DAILY MAIL
Hungary is planning to offer citizenship to any foreigner who buys at least £200,000 of its government’s bonds.
Legislation would grant residency and ultimately a Hungarian passport... allowing the holder to live and work anywhere in the European Union.
The move, backed by the ruling party, is aimed at wealthy investors, especially from China.
Hungary has billions of pounds of foreign currency debt maturing in the next few years and needs to find ways to refinance it.
Budapest has asked for help from the EU and the International Monetary Fund but talks are dragging on and analysts see only a 50 per cent chance of a deal.
The citizenship scheme calls for the debt management office to issue special ‘residency bonds’ to foreigners.
Holders of at least a quarter of a million euros of Hungarian debt would get preferential immigration treatment.
'The goal of the modification is to
create the institution of ‘investor residency’ in Hungary,' the
lawmakers who put forth the legislation wrote in their proposal.
‘The proposal ties gaining citizenship to buying bonds because it intends to aid state financing this way.
‘Other investments from those applying for such residency could boost the real estate, retail and investment markets.’
Mihaly Babak, a lawmaker with the ruling party, said: ‘The Chinese have articulated repeatedly that we should help their Hungarian investments.’
Public debt in Hungary is equivalent to about 80 per cent of its annual economic output and households also are struggling with a mountain of foreign-currency debt.
One of the authors of the proposal said Chinese investors were specifically targeted.
Tory MP Priti Patel said: 'This is a shocking abuse of EU membership by the Hungarian Government and highlights one of many flaws in the EU and in the way it operates.
'This policy could pose significant challenges for the EU when it comes to immigration, social and economic policies and will do little to restore any trust and confidence in the EU with the British public.'
Tory MP Ian Liddell Grainger said: 'At the end of the day this is not the way to encourage investment. It never has been and it never should be. All you do is undermine your institutions.
'It is up to them what they do. But dare I say it it is not a very clever way of doing it.'
Read more: http://www.dailymail.co.uk/news/article-2225339/Hungary-offer-wealthy-foreigners-citizenship-return-investment.html#ixzz2Ape2cqmI
Follow us: @MailOnline on Twitter | DailyMail on Facebook
Hungary is planning to offer citizenship to any foreigner who buys at least £200,000 of its government’s bonds.
Legislation would grant residency and ultimately a Hungarian passport... allowing the holder to live and work anywhere in the European Union.
The move, backed by the ruling party, is aimed at wealthy investors, especially from China.
Radical proposals: The Hungarian Parliament in
Budapest, where legislators are considering issuing bonds to foreign
investors in exchange for citizenship
Budapest has asked for help from the EU and the International Monetary Fund but talks are dragging on and analysts see only a 50 per cent chance of a deal.
The citizenship scheme calls for the debt management office to issue special ‘residency bonds’ to foreigners.
Holders of at least a quarter of a million euros of Hungarian debt would get preferential immigration treatment.
Legislation would grant residency and ultimately
a Hungarian passport... allowing the holder to live and work anywhere
in the European Union (flag pictured)
‘The proposal ties gaining citizenship to buying bonds because it intends to aid state financing this way.
‘Other investments from those applying for such residency could boost the real estate, retail and investment markets.’
Mihaly Babak, a lawmaker with the ruling party, said: ‘The Chinese have articulated repeatedly that we should help their Hungarian investments.’
Public debt in Hungary is equivalent to about 80 per cent of its annual economic output and households also are struggling with a mountain of foreign-currency debt.
HUNGARY'S DEBT
- Hungary is currently in recession – its GDP contracted by 1.2 per cent in the first half of 2012 and is expected to fall by 1.5 per cent over the full year, according to the European Bank for Reconstruction and Development (EBRD)
- Many of Hungary’s local governments have warned they could be bankrupt by early next year. They have $5.5 billion of debt – the highest level among the EU’s eastern nations
- The country is in discussions with the EU and IMF over a financing backdrop
Tory MP Priti Patel said: 'This is a shocking abuse of EU membership by the Hungarian Government and highlights one of many flaws in the EU and in the way it operates.
'This policy could pose significant challenges for the EU when it comes to immigration, social and economic policies and will do little to restore any trust and confidence in the EU with the British public.'
Tory MP Ian Liddell Grainger said: 'At the end of the day this is not the way to encourage investment. It never has been and it never should be. All you do is undermine your institutions.
'It is up to them what they do. But dare I say it it is not a very clever way of doing it.'
Read more: http://www.dailymail.co.uk/news/article-2225339/Hungary-offer-wealthy-foreigners-citizenship-return-investment.html#ixzz2Ape2cqmI
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