Insights (Essays)

Insights (Essays) November 2012
A Personal Opinion

Book Review of An 
Introduction to the Study of Law

Dr.Alex Franklin

A note from one of our medical correspondents reviewing An 
Introduction to the Study of Law by University of Toronto Prof. S. M. Waddams PhD LLM SJD FRSC

Essential reading for all doctors to learn that Canuck courts judge evidence & do not search for justice. Canadian courts are adversarial not inquisitorial as in many European Countries. The OMA’s four staff lawyers do not provide medical case law. The OMA Legal dept. does not report and codify CPSO Tribunal decisions.

By the way, CPSO "trials" are tribunals and 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 the Ont. Superior Court. The usual first retainer for an Appeal is $30,000.(In UK insurers will fights for Docs all the way to the House of Lords). 

About the Author(s)

Dr.Alex Franklin MBBS(Lond) FLEx(USA) LMC(Can.) D.Phys.Med(UK) DPH & DIH(Tor)


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