Saturday 30 April 2016
Suspect using stolen credit cards in South End
http://crimestoppers.ca/2016/04/29/ottawa-suspect-using-stolen-credit-cards-in-south-end/
Thursday 21 April 2016
Ontario Energy Group in court battle with woman with Alzheimer's
http://www.cbc.ca/news/canada/toronto/ontario-energy-group-lawsuit-1.3538429
OEG is suing Sybil Hamilton for 'breach of a contract' her family says she has no memory of signing
By Chantal Da Silva, CBC News Posted: Apr 21, 2016 5:00 AM ET Last Updated: Apr 21, 2016 7:08 AM ET
Scott Hamilton says Ontario Energy Group took advantage of his mother, who has Alzheimer's disease, when it got her to sign rental contracts for equipment. (Doug Husby/CBC)
A firm facing 71 Consumer Protection Act charges has also been embroiled in a court dispute with a 79-year-old woman with Alzheimer's disease whose son alleges was too unwell to legally enter into a contract with Ontario Energy Group.
- Ontario Energy Group faces 142 Consumer Protection Act charges
- Markham, Mississauga councillors push for ban on door-to-door sales
- Police warning GTA seniors about distraction thefts
Sybil Hamilton was diagnosed with Alzheimer's in 2012.
Her son, Scott Hamilton, says if you were to ask her about the day representatives from Ontario Energy Group (OEG) showed up at her door in Ottawa more two years ago, she wouldn't be able to tell you anything about it.
"They completely took advantage of my mom," Hamilton said in an interview at his Trenton, Ont., home. "I mean, there's no way you could have had a five-minute conversation with my mother and not know that there was something wrong."
100s of complaints
Hamilton said he felt some relief when he learned OEG and its director, Eugene Farber, were charged Friday following a provincial investigation that was sparked by hundreds of complainants against the door-to-door sales firm.
A statement sent to CBC Toronto on Friday from the company's lawyer, Pradeep Chand, says their "client fully intends to defend the allegations in a court of law and categorically denies any regulatory or civil liability."
Although the Hamiltons are not included in the Consumer Protection Act case, Scott said he believes the charges should have been laid against OEG "a long time ago."
He and his mother have been caught up in a legal battle with the firm since February 2016, after he discovered his elderly parent had been locked into two separate furnace and air conditioner rental contracts with the company since July 2014 — all without his knowledge.
Sybil Hamilton, 79, was diagnosed with Alzheimer's disease in 2012. Her son says her memory has been deteriorating since then. (Scott Hamilton)
Fighting back tears, Hamilton told CBC that his mother has no recollection of signing agreements with the company when they came to her Ottawa home on two separate occasions.
The Trenton man says he contacted OEG, explained his mother's condition, then told them he had power of attorney and wanted to cancel the contract. He never got a response, he said.
"I said ... just put her back in the same position she was in before you guys got to her door," Hamilton said. "No answer for months."
Suing Hamilton for future losses
After seeking legal advice, the man launched a lawsuit against the company in small claims court, seeking $25,000 in damages for removal and replacement of equipment from OEG and recovery of monthly rental charges.
"I expected them to say, 'Oh, I'm sorry we made a mistake ... what are we going to do to fix this?' But I never got that."
Instead, Hamilton said the company responded with its own lawsuit, treating the claim as a signal that his mother would no longer be honouring her obligations under the signed agreements. The suit alleges Hamilton's mother signed the contract willingly.
As a result of the "breach of contract," OEG told the Hamiltons it would be seeking a total of $43,702.29. That includes estimates for the company's monthly furnace rental charges until July 22, 2029, and for estimated air conditioner rental fees until April 10, 2030.
"They're trying to sue me for future losses. It seems desperate on their part," Hamilton said.
Paralegal John Robinson is dealing with as many as 10 cases involving the Ontario Energy Group and says he's had inquiries from a number of other people as well.
Paralegal John Robinson represents about 10 cases against OEG, including the Hamiltons.
Because Hamilton was acting as his mother's power of attorney when she signed the rental agreements, "she wasn't in a position to sign the contract," the paralegal said. "We're alleging they didn't seek to find out whether she had the capacity to make that decision in the first place."
A doctor's note included in the Hamiltons' statement of claim found that Hamilton's mother "could not fully understand the implications and consequences of a contract or signing a contract" at the time she entered into an agreement with OEG.
The firm sent another statement to CBC on Wednesday, saying they "will not provide any comment on these issues" while they are before the court.
Complaints date back to 2009
The first court hearing for the Consumer Protection Act charges will take place May 27. The 142 charges that OEG and the company's director face — 71 each — stem from 20 complaints from across Ontario.
The first complaint was lodged in 2009.
When asked why it took so long for the province to act, spokeswoman Anne-Marie Flanagan said the ministry needed to "take time" to do the investigation and get it right. She did not say when investigators began looking into the reports about the firm.
The province has also issued an immediate compliance order, but Flanagan could not say exactly how the ministry would enforce that.
"Everybody's got a mom and dad and you ... never want to see this happen."- Scott Hamilton, who alleges his mother wasscammed by OEG
Each charge carries a maximum fine of $250,000 for companies and $50,000 for individuals. Farber could also face up to two years in prison if convicted on any of the charges, none of which have been proven in court.
It's unclear when a civil hearing between the Hamiltons and OEG could take place.
But Hamilton says he plans to continue fighting for his mother.
"Everybody's got a mom and dad and you ... never want to see this happen," Hamilton said. "You just never do."
The Ontario Energy Group faces more than 100 counts of violating the Consumer Protection Act, following a provincial investigation into hundreds of customer complaints against the door-to-door sales firm. (CBC News)
Wednesday 20 April 2016
Suspect Using Stolen Identity to Obtain Credit Cards
http://crimestoppers.ca/2016/04/20/suspect-using-stolen-identity-to-obtain-credit-cards/
Corrupt Ottawa officer resigns from police force
http://www.torontosun.com/2016/04/20/corrupt-ottawa-officer-resigns-from-police-force
BY SHAAMINI YOGARETNAM
BY SHAAMINI YOGARETNAM
A corrupt police officer who was ordered to resign or be fired back in June 2015 has abandoned his appeal bid and resigned from the force.
Sgt. Rohan Beebakhee’s resignation from the Ottawa Police Service was effective Feb. 16. The resignation signals the end of a policing career that was marred by multiple oversight investigations and allegations against the officer that first began to publicly surface in a 2008 SIU investigation. His resignation also puts an end to a with-pay suspension that saw him collect a paycheque without working since 2012.
An Ottawa police sergeant who booked dates with sex-trade workers and repeatedly breached policy by accessing confidential police records for personal use has been given a week to resign or be fired.
Sgt. Rohan Beebakhee, a 21-year veteran, was found guilty under the Police Services Act last year of three counts of insubordination, two counts of corrupt practice and one count of deceit.
In a decision on sentencing delivered Thursday, hearing officer Terence Kelly, a retired York Region police deputy chief, said Beebakhee’s 37 queries in the Canadian Police Information Centre database (CPIC) and 400 searches in the Ottawa police records management system violated the privacy rights of 83 people.
“These flagrant breaches and lack of respect and trust bestowed upon Sgt. Beebakhee jeopardize his usefulness as a police officer,” Kelly said.
The repeated queries in police databases showed that Beebakhee didn’t have a momentary lapse in judgment, but deliberately planned the unauthorized searches, Kelly said. This elevated the seriousness of the conduct to the high end of the spectrum, he added.
Kelly said in his decision said that the officer’s actions have not only damaged the reputation of the police force but also his own. Beebakhee’s credibility on the stand during criminal trials will be at issue each time he testifies, since it’s the duty of a Crown prosecutor to disclose an officer’s disciplinary history, Kelly said.
Kelly was told during the hearing that Beebakhee phoned Det. Shane Henderson, the lead investigator in Ottawa’s first successfully prosecuted human trafficking case, at his home to ask for information about the investigation. Beebakhee accessed the file when Henderson wouldn’t respond to his questions.
Beebakhee also accessed records several times involving his then-girlfriend, known during the hearing as K.S.
During their relationship, Beebakhee searched K.S. on the Ottawa police records management system several times. When questioned about making the queries, Beebakhee said he wasn’t aware of the Ottawa police policies related to searches for personal use and that he didn’t know K.S. had returned to the sex trade.
Between May 2011 and May 2012, Beebakhee requested phone subscriber information 17 times on numbers involving escorts who had bad dates. Those checks were never related to any police investigation, Kelly said.
Ottawa police Chief Charles Bordeleau told the Citizen on Thursday that when the case was first presented, he took the position that dismissal was the appropriate penalty.
“We accept the decision of the hearing officer,” Bordeleau said. “The conduct exhibited is one that is not acceptable for a police officer in our community.”
Beebakhee’s defence lawyer Bill Carroll said he plans to appeal the decision to the Ontario Civilian Police Commission within 30 days.
Carroll said he didn’t think the proper principles of sentencing were applied in this case and that his client’s “exemplary service” should have been given more weight in the decision.
Carroll had argued that a demotion for a period of time was a more appropriate penalty and that Beebakhee could reform and rehabilitate. Kelly rejected that argument in his decision.
“There has been no acknowledgment of responsibility. I have not been informed of any apology, nor has there been any remorse,” Kelly said. “For many people, showing remorse is seen as one of the first steps towards rehabilitation.”
Beebakhee, who thanked Kelly, wouldn’t speak to reporters after the hearing, but Carroll said his client was upset and surprised at the decision.
“Not only is he potentially losing his position, the Ottawa police have invested hundreds of thousands of dollars in this man’s training and to throw that away I don’t think benefits anybody,” Carroll said.
Ottawa Police Association president Matt Skof, who was also at Thursday’s hearing, said it’s always difficult when the force loses an experienced and hard-working officer.
Skof said he believes there are serious issues with the disciplinary process. For one, Bordeleau appoints the hearing officer.
“It’s very nepotistic. It’s chosen and hand-picked by the chief, it’s prejudicial, and it’s something we’ve been lobbying for changes now for the last three years,” Skof said.
Skof said the Ottawa Police Association has joined forces with other police unions to lobby for a more neutral disciplinary process.
For Carroll, the ultimate in fairness and impartiality would be for a judge to oversee the disciplinary hearings.
“The system is stacked against the officer and the Court of Appeal has acknowledged that,” Carroll said.
Beebakhee has been suspended with pay since the summer of 2012. He will remain suspended with pay even after the seven-day period he was given to resign as long as the appeal to the Ontario Civilian Police Commission has been filed and while the commission hears the appeal.
Monday 4 April 2016
Pierre Dupont, banned for life from dentistry in Quebec, now a foot doc in Ontario
CBC/Radio Canada investigation shows Ontario chiropodist organization may have broken own rules
GO PUBLIC
Pierre Dupont, banned for life from dentistry in Quebec, now a foot doc in Ontario
CBC/Radio Canada investigation shows Ontario chiropodist organization may have broken own rules
By Rosa Marchitelli, CBC News Posted: Apr 04, 2016 5:00 AM ET Last Updated: Apr 04, 2016 5:00 AM ET
Former Quebec dentist Pierre Dupont was suspended for life after several serious errors. He has since re-invented himself as a podiatrist. (Ottawa Foot Practice
A former dentist whose licence was revoked after a patient stopped breathing in the dental chair and later died is working again in the health-care field despite attempts to block him from practising.
A Go Public/Radio-Canada investigation found Pierre Dupont went from disgraced dentist to working foot doctor when he moved from Quebec to Ontario.
That's despite attempts by a major Quebec university and the organization that oversees podiatrists in Quebec to block him from practising.
Erika Brathwaite went to see Dupont for orthotics and ended up getting a titanium stent inserted in her left foot that caused her a lot of pain and wouldn't heal. (CBC/Paul Skene)
Erika Brathwaite didn't know Dupont's past when she went to see him last August for a problem with flat feet. She contacted Go Public after developing problems following a foot procedure done by Dupont.
"It was pure shock and then I was really angry that somebody with a history like that is allowed to be licensed to do medical procedures here in Ontario," she said.
Brathwaite says it was only when her internet language settings were on French that she discovered Dupont's past. (CBC/Paul Skene)
Brathwaite had researched Dupont before the procedure and found nothing alarming online. But when she started having trouble healing, she looked again.
"Just by accident, my Google settings were in French results only. I typed in the name of Pierre Dupont again and it was crazy. Google unleashed the entire story," she said.
Dupont's troubling history
- 1992 — A complaint is filed against Dupont on behalf of five dental patients. (Another 10 patients filed a complaint in 2001). The accusations include excessive use of sedatives and anesthetic substances and flawed diagnoses.
- December 1998 — Murielle Godbout, 52, goes to Dupont's for dental implants. Despite disclosing a history of heart problems, Dupont injects her with a dangerous dose of adrenaline. The woman spends the next 17 days in intensive care.
- January 2000 — Réjane Davidson, 71, undergoes the same procedure. She stops breathing in Dupont's dental chair and can't be revived.
- March 2005 — The organization that oversees dentists in Quebec suspends Dupont for life.
- 2006 — Dupont begins training as a podiatrist in Quebec.
Dupont injected Murielle Godbout with a dangerous dose of adrenaline despite her disclosure of a heart problem. After 17 days in intensive care because her heart stopped, she spent the rest of her life in poor health. (CBC/La facture)
Controversial procedure
Before she knew of his history, Brathwaite went to Dupont at hisOttawa clinic looking for orthotics.
"When we had the consultation with him he said the orthotics wouldn't be effective and the only way to get rid of my problem was to have this surgery … so I signed up for the surgery," she said.
She paid Dupont $3,750 and in October he inserted an implant into her foot, a procedure called HyProCure. Brathwaite said her pain didn't go away, and actually increased. She also said the recovery took months instead of days.
Brathwaite's foot after the stent was put in. She was supposed to heal in weeks and though it has been months, she still has pain she never had before the procedure. (Erika Brathwaite)
"I'd get really intense sharp pain in my foot, like a stabbing pain. I wasn't able to bear weight on it, never mind walk," she said.
It's unclear if Dupont is authorized to do this kind of procedure. Our investigation found it's not part of the program at University of Quebec at Trois-Rivieres where Dupont studied podiatry.
"In our program, the student will be exposed to the procedure how it's done theoretically, but not in practise… After he graduated from here, he is not supposed to do it because he hasn't practised it," said Sébastien Hains, director of the podiatry program.
Sebastien Hains, director of the podiatry program at University of Quebec at Trois-Rivieres, points to the small gap between bones where a titanium stent is inserted in HyProCure treatment. (CBC/Andre Perron )
He said one to four years of postgraduate training and a hospital residency is required for podiatrists to do that kind of procedure in Quebec.
It's also unclear what training is required in Ontario, but Dr. Steve Papp, president of the Ontario Orthopedic Association, told CBC News the province's top foot surgeons won't do the procedure.
"They don't feel there is enough literature to support using it yet, so in the province of Ontario, as far as I know, no orthopedic surgeon has used HyProCure," Papp said.
Dr. Steve Papp, president of the Ontario Orthopedic Association, says the province's top foot surgeons don't do HyProCure because they don't think there has been enough research into its efficacy. (CBC/Andre Perron)
On his website, Dupont says in 2012, "through ongoing professional development and training" he was awarded the Master HyProCure Surgeon designation by the Graham International Implant Institute — the company that owns the patent for the procedure. We asked the company to clarify what training is required to earn that designation, but it didn't respond.
'I don't answer questions,' Dupont says
Go Public and Radio-Canada repeatedly tried calling Dupont to ask him about his history, Brathwaite's allegations and the concerns around HyProCure and his training.
"I don't answer questions," he said before hanging up.
After the surgery, Brathwaite says she consulted an orthopedic surgeon who told her he takes implants like hers out regularly because of pain. Dupont took the implant out in November, but Brathwaite said she still has pain in her foot that she didn't have before the procedure.
Attempts to block Dupont failed
After Dupont enrolled at the University of Quebec at Trois-Rivieres in 2006 to study podiatry, the school tried to kick him out of the program after finding out about his problems as a dentist.
Dupont took the university to court and won, arguing he had disclosed information about his past to the head of program.
After graduation, Quebec's College of Podiatrists also tried to block Dupont by refusing to issue him a permit needed to practise. Dupont appealed the decision. A tribunal eventually ordered the college to issue the permit ruling there were not enough grounds to bar him.
But rather than face another battle with the college for working before the permit issue was resolved, Dupont agreed not to practise podiatry in Quebec.
That's when he moved to Ontario where the College of Chiropodists did accept him. He set up shop in Ottawa as a chiropodist, a limited form of podiatry.
Ontario College may have broken own rules
Go Public asked the College of Chiropodists of Ontario what it knew about Dupont when it made the decision to allow him to practise in that province. It declined to answer, saying it can't comment while it's investigating the complaint filed by Brathwaite.
Under its own rules, it appears it shouldn't have. According to the organization's requirements for registration as a chiropodist: "The applicant must not have been found guilty of professional misconduct, incompetence or incapacity, in Ontario in relation to another health profession, or outside Ontario in relation to chiropody or another health profession."
The Quebec college says its Ontario counterpart never asked about Dupont's standing and the first they heard he was practising again was when Go Public contacted them.
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Cold-fX makers misled public, case should receive class-action approval: lawsuit
http://www.cfra.com/NationalCP/Article.aspx?id=506136
Geordon Omand, The Canadian Press
VANCOUVER - The makers of Cold-fX are in court today fighting allegations they ignored their own research and misled consumers about the short-term effectiveness of the popular cold and flu remedy.
Valeant Pharmaceuticals (TSX:VRX) will oppose an application in British Columbia Supreme Court to grant the lawsuit class-action status.
Vancouver Island resident Don Harrison launched his original claim in 2012 against Valeant and its subsidiary, Afexa Life Sciences, over advertising saying that Cold-fX offered "immediate relief of cold and flu" if taken over a three-day period at the first sign of symptoms.
Harrison's notice of claim said Valeant and Afexa continued to "knowingly or recklessly" promote Cold-fX despite evidence the natural-health product only had a possible positive impact after being taken daily for prolonged periods of two-to-six months.
"The gist of the case is that people paid money for a worthless product ... and the money they spent should be returned," said Harrison's lawyer, John Green in a interview.
Valeant also unnecessarily exposed its customers to a health threat by distributing a useless drug with a risk of adverse side effects, he said.
In a statement, the Laval, Que.,-based company said it denies the accusations being made against it and will fight the application for class-action certification.
"Valeant believes the suit is without merit and is vigorously defending this matter," read the document.
None of the allegations have been proven in court.
Afexa is the original manufacturer and licence holder of Cold-fX and was bought by Valeant in 2011.
Green also alleged Valeant and Afexa kept quiet about an internal study conducted in the early 2000s that contradicted the health claims around Cold-fX.
"The defendants knew at least as early as 2004, when they had a study done themselves, that Cold-fX might be even less effective than a placebo," he said.
"The study actually showed the placebo to be more effective at relieving (some) cold symptoms than Cold-fX."
The study found the product effectively reduced the severity of a runny nose during the early days of a respiratory infection, but that it had limited efficacy in treating other symptoms, particularly a cough and stuffy nose.
If the case receives class-action approval, Green said anyone who bought Cold-fX for the short-term relief of cold and flu symptoms will be able to apply to a fund that will be created to get their money back.
He estimated the total to be refunded would amount to about $500 million.
An identical lawsuit has been filed in Saskatchewan.
Health Canada is responsible for the regulation of natural-health products in the country, but Green said the government has limited resources and many important draws for its attention.
"These regulatory industries have lots of things to focus on," Green said.
"One of the main points of consumer-protection legislation is that people like Mr. Harrison can bring these complaints forward and help (Health Canada) do its job. That's what we're hoping to do."
— Follow @gwomand on Twitter
Content Provided By Canadian Press.
Saturday 2 April 2016
Help ID suspect Using Stolen Credit Cards
http://crimestoppers.ca/2016/04/01/ottawa-help-id-suspect-using-stolen-credit-cards/
On Thursday March 3rd 2016 a suspect used stolen credit cards believed to have been taken from the victim while at an eatery in the By Ward Market.
The suspect used the stolen credit cards to make a number of purchases and cash withdrawals shortly after. He may also be in possession of other stolen identity cards. Please view the attached photo provided by investigator.
If you know the identity of the suspect or other criminal activity call Crime Stoppers toll-free at 1-800-222-8477(TIPS). Remember Crime Stoppers does not subscribe to call display, we will not ask your name or record your call and you are not required to testify in court. If your information leads to their identity, you could qualify for a cash reward of up to $2000. You can follow us on Facebook, YouTube and Twitter.
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