The High Stakes Cost of Litigation

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$30,000 in damages and $151,045 in costs. $20,414.813 in damages and $237,017.50 in costs.

Litigation is expensive. We all know this to be a fact, but a couple of recent Ontario Superior Court decisions drive home the point. While at first blush one might think that awarding costs worth five and ten times the damages is outrageous, in both cases, the costs awards were fair and reasonable in the circumstances of each case. Had the trial judge awarded anything less, injustice would surely be the result.

The trial judges in both cases referred extensively to my case of Cobb v. Martin Estate, 2017 ONCA 717 — a case that I will never forget. I learned a lot in the 19 day jury trial and subsequent appeal. Many of the issues that were argued in the appeal are up for another hearing at the Court of Appeal, this time before a five-member panel in May 2018. In any event, I digress. Back to the two recent costs decisions. 

The first, Duncan v. Taylor, 2017 ONSC 7445, involved an assessment of costs after the plaintiff accepted a defence offer to settle. What makes this case particularly interesting is that the plaintiff was very seriously injured, but was more at fault. He had turned left in front of an oncoming vehicle. The plaintiff was charged and convicted under the Highway Traffic Act with making an unsafe left hand turn. However, there was evidence that the defendant was speeding and if he had not been speeding could have avoided the collision.

In the end, the plaintiff accepted the defence offer to settle of $30,000 for damages plus costs to be assessed by the trial judge. The plaintiff argued for legal fees of $81,278 and reimbursement for disbursements (cases expenses) of $121,045 for a total costs award of $202,232. The defendant argued for a total costs award inclusive of disbursements of $55,000. The judge assessing the costs felt that the legal fees needed to be proportionate to the amount the plaintiff recovered. In this case, considering that the plaintiff recovered $30,000, the trial judge decided that fees of $72,278 were outside what would be proportionate and awarded legal fees of $30,000. However, the judge did not find that the disbursements of $121,045 were at all unreasonable.

The judge recognized that the plaintiff had the onus of proving liability and this was a difficult case. Over $78,247 of the $121,045 in disbursements was for expert reports. These were all necessary for the plaintiff to prove his case. The judge found no reason to reduce the amount of disbursements and rightfully awarded the plaintiff $121,045 to reimburse plaintiff’s counsel for these costs.

The second case, Persampieri v. Hobbs, 2018 ONSC 368, involved a hotly contested trial. About five years ago, many automobile insurers, lead by Aviva, made a business decision to fight every case that it deemed “defensible”. This is scorched earth litigation at its worst. This case is an excellent example of the high cost of this tactic.

The plaintiff was 84 years old. On February 11, 2009, she was a passenger in a vehicle that was hit from behind by the defendant. The defendant admitted liability. But his insurance company, Aviva, took the position that the 84-year-old plaintiff ought to receiving nothing for her injuries. So, Aviva offered $0 to settle the case. The plaintiff tried to be reasonable, recognized the risks and offered to settle before trial for $10,000 plus costs. Aviva said no. The result a 2 ½ week jury trial. In the end, the jury awarded the injured plaintiff:

- $40,000 for pain and suffering damages

- $25,000 for loss of ability to perform housekeeping and home maintenance

- $2,000 for attendant care; and

- $500 for medical and rehabilitation expenses 

After applying the statutory deductible to pain and suffering damages and collateral benefits, the net judgment was $20,414.813 in damages. Recall that the plaintiff offered to settle for $10,000 in damages. The insurer ought to have settled this case. Instead of paying a reasonable settlement to an injured 84-year-old woman, Aviva forced a trial. As noted by Justice Sanderson, Aviva cannot claim proportionality to reduce costs where it was the reason for the costs of this trial, writing:

[99] Because it had framed its defence in the manner that it had, it knew that the resolution of the issues at a trial would involve the hearing of lengthy and costly evidence, including extensive medical evidence.

[100] Sanctioning insurers’ litigation strategies involving:  

(1) discouraging Plaintiffs from pursuing legitimate but modest claims by refusing to make any meaningful offer to pay damages and forcing those Plaintiffs to trial in circumstances  where, because of defences the insurers have asserted, they cannot possibly be successful unless they call expensive medical and other evidence;

(2) then, raising the spectre of very serious adverse cost consequences of such trials;     

(3) then, even after Plaintiffs have chosen to take the serious adverse costs risks of such trials, and even after they have been successful at trial and have received costs awards under Rule 49.01(1) on a substantial indemnity scale; 

(4) attempting to unduly minimize the quantum of otherwise usual amounts of costs including substantial indemnity costs on the basis of proportionality, would be, in my view, to sanction under compensation of Plaintiffs for costs legitimately incurred to make many lawsuits uneconomic and could generally discourage Plaintiffs with modest claims, even if valid from pursuing them.

[101] If pursuing such an approach or strategy were to have the effect of generally discouraging Plaintiffs from bringing and pursuing modest sized claims, [even in cases such as here where liability has been admitted] the  benefits to insurers could  be significant and wide-ranging.

[102] If insurers were incentivized to pursue such a strategy and to generally resist settlement of such cases, in order to generally discourage such Plaintiffs from pursuing such actions, that could seriously jeopardize overall access to justice.

[103] Insurers can, of course, pursue whatever strategy options they deem fit, but especially where such strategies may have wide-ranging and adverse implications involving widespread denial of access to justice, the use such strategies should not be encouraged by the giving of cost breaks on foreseeable costs consequences.

I applaud Justice Sanderson for his principled reasons and judgment. As the saying goes, “…live by the sword and die by the sword”. There is no question that Aviva is entitled to take cases to trial, but if it gambles on a trial and loses, it must pay the costs.

The odds are stacked against injured plaintiffs in Ontario. We need to keep fighting for those innocently injured, to ensure that they receive fair and just compensation. Awarding fair and reasonable costs is necessary to make this happen.

 

Originally Published: June 25, 2018

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Kris Bonn, Contributor and Personal Injury, Insurance Disputes & Criminal Defence Lawyer

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Kris focuses on helping people who have suffered serious personal injuries, car crash victims and long-term disability claims. Kris also helps people who are facing impaired driving and over 80 related criminal charges.

Kris was born and raised in Trenton and has strong roots in the local community. Kris graduated from St. Paul’s Secondary School in Trenton. He attended Queen’s University where he obtained an Honours Commerce degree. He went to the big city to the University of Toronto for law school, graduating in 2000. Kris stayed in Toronto after graduation learning the ropes with the national law firm of Fasken Martineau DuMoulin before returning home.

Kris focuses on helping people who have suffered serious personal injuries, car crash victims and long-term disability claims. Kris also helps people who are facing impaired driving and over 80 related criminal charges. In 2005, Kris successfully obtained his designation as a qualified breath technician. Kris has successfully argued cases before juries, judges and the Court of Appeal in Toronto. He works with his clients to obtain the best possible results. If that means going to trial, he has the experience and know how to get the job done.

Kris is active in the community as a Director of the Ontario Trial Lawyers Association and the local Brain Injury Association Quinte District. He is a member of the Hastings County Law Association and the Advocates Society. He supports local charities, including the Trenton and Belleville Hospital Foundations.

Outside of the office he tries to make time in the early morning before work to run, bike and swim.



The #1 cause of aging and what to do about it

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What do you think could age you faster? Poor nutrition, lack of exercise, or not enough sleep?

If you picked sleep, you would be right.

Sleep is such an important building block for our health yet in today's modern world it is often considered an inconvenience. How often do hear people get praised for "burning the midnight oil" or consider it a badge of honour to pull an "all-nighter"?

In Tom Rath's book, Eat Move Sleep, he likens the number of hours of sleep deprivation to the number of beers you might drink. Many people wouldn't want their child's teacher to have a few beers before coming to class, but missing a few hours sleep is not even considered, it might even be expected.

If you truly want excellent health, making sleep a priority is essential.

Here are some quick tips to take advantage of sleep as a potent anti-cancer, anti-inflammatory, anti-aging, and cost effective (actually it's totally free!) tool for longevity:

  • Best bedtime is 10 pm. Try to get as close to this as possible, even if it's in small 10 -15 min increments
  • Best time to wake up is 6 - 8am.
  • Set an alarm to go to bed.
  • Expose your eyes to bright light as soon as you can
  • Have protein for breakfast.
  • Make mid-morning your last call for caffeine.
  • Shut off all screens 30 -60 minutes before bed.
  • Take melatonin if you are a shift-worker.
  • Exercise regularly.
  • Make early evening your last call for alcohol. The closer to bed you drink, the more likely your will have disturbed sleep.
  • Keep your bedroom cool and dark.
  • Have a bedtime routine.
  • Dim the lights as evening falls.
  • Try guided meditation to help you fall asleep.
  • Check your blood sugar if you are having trouble staying asleep.
Early to bed, early to rise, makes a man healthy, wealthy, and wise.
— Unknown

 

Originally Published: June 18, 2018

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Dr. Michelle Durkin, BSC(H), ND, Contributor and Bowen Practitioner at Quinte Naturopathic Centre

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Dr. Michelle Durkin attended the University of Guelph and obtained a Bachelor of Science with honours in Biomedical Science. With this medical background, she went on to study at the Canadian College of Naturopathic Medicine in Toronto and graduated as a licensed doctor of naturopathic medicine in 2003. Dr. Durkin founded her clinic, the Quinte Naturopathic Centre. As a Naturopathic Doctor she is very committed to providing excellent individualized health care in a warm and professional environment. Michelle is also a professional Bowenwork® practitioner. In addition, Dr. Durkin holds professional memberships with the Ontario Association of Naturopathic Doctors (OAND), the Canadian Association of Naturopathic Doctors (CAND), and the Association of Perinatal Naturopathic Doctors (APND).



Joint Health as We Age

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As our bodies change with age, there typically is a lot of strain placed on our joints. Not only do we have the aging process but we also go through changes such as pregnancy strain on our joints, weight loss and gain, daily lifestyle, plus our activity levels. These all play a part in how our joints progress and how much deterioration will happen.

We will start with our daily lifestyle effects on our joints. This encompasses our everyday activities such as how much we walk, sit and stand. Our work life accounts for many hours of our day, do you sit at a desk all day? Maybe you have a very strenuous job lifting repeatedly? Both are very harmful to our joints. If we sit most of our day there is constant pressure through our spine and hip joints. If you tend to have poor posture while at your desk, this will cause constant pressure through your Cervicle Spine which could develop into displaced discs between our vertebrae, and deterioration of the vertebral bodies. Make sure you have a postural assessment of your work space and be as ergonomic as possible to avoid these outcomes. If you have a more manual job and perform activities such as lifting, pushing, pulling, climbing, etc, this has more serious effects on the vertebral column if repeated and not performed properly. These activities could result in displaced discs, herniation of a disc, narrowing of a vertebral canal that is vital for nerve paths, and of course deterioration of discs and bones. You always want to make sure you are using proper and safe form while performing these duties. It will make a huge difference in your longevity of your health.

Your activity levels also play a role in how your joints will progress. This includes your workouts, running, walking, yoga, weight lifting, etc. Joint stability is very important when you have an active lifestyle. There are many activities that apply repeated strain to joints, such as running. Your knees and hips can take a lot of impact over time with this activity. As well as playing sports, think of professional athletes and how we often hear about them eventually having to retire due to injuries and wear-and-tear on their bodies. These athletes are pretty young, but have taken their bodies through the extreme strains and they deteriorate at a much quicker rate than the typical person with a typical activity level. Physical activity as we know, is great for our health, but we need to make sure our joints are well protected and we are performing activities within our abilities and safely. If you live an active lifestyle you want to maintain your joint health with regular care such as massage therapy, acupuncture, physiotherapy, and hydro-therapy. Keeping your soft tissue that surround the joints treated is going to make a large impact on how the joint functions and prevent injuries and deterioration.

The aging process is inevitable with joint health. There are many conditions that can develop such as osteoarthritis, degenerative disc disease (DDD), displacement of joints, formations, osteophytes, and bony growths. That being said, it doesn’t always mean the older you are the worse your joints are. If we performed diagnostic imaging on a 22 year old, a 35 year old, a 48 year old and a 70 year old, we would likely find degenerative disc disease in every single person. The level of severity will be the only aspect that is different. As we now know our lifestyle is a large component to how our joints age, so this is dependent on how each of these people lived their life. If the 22 year old plays sports and is in school sitting and studying often, there will be vertebral changes as we discussed. However if this 22 year old treats their body correctly, these changes will be minimal and not cause discomfort or dysfunctions. Joint health is up to how you treat your body through your lifestyle or how much you neglect it.

For conditions such as arthritis and DDD there are many ways you can manage the progression and pain. Therapies that treat the soft tissues again are going to be very beneficial. Many joint conditions can be maintained with a healthy diet as well. Make sure you are working with a Nutritionist or Naturopathic Doctor to discuss what foods and proper supplements are good and bad for your condition. These can make a very large impact of the progression of your joint health.

Make sure you have a team of health professionals you see on a regular basis to keep your body functioning properly and prevent serious conditions and dysfunctions. Prevention is the best medicine.

 

Originally Published: May 21, 2018

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Dana Goodfellow, RMT, Contributor and D.Ac., Meditation Teacher, Owner – Quinte Mind & Body

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Dana is the owner of Quinte Mind & Body, and has been a practicing Registered Massage Therapist (RMT) for many years in the Belleville area. Through Dana’s love of learning and providing superior results for her patients, she has added modalities from her knowledge of the body and medical treatment. Two modalities are Contemporary Medical Acupuncture and becoming a Certified Meditation Teacher and Facilitator. As a graduate of an advanced course of Massage Therapy at Georgian College, Dana takes great pride in treating patients with many different manual techniques. After a year in practice, Dana received her certification from McMaster University for Contemporary Medical Acupuncture.



Living Longer, Living Stronger: Anti-aging wisdom for all generations

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As a species, we are living longer than ever before and the figures for Canada reflect global trends. Governments are worried, health care professionals are starting to feel the effects of an aging population and many others are concerned about the consequences of aging. What happens when a population lives longer than previous generations? What effect will it have on the country, the economy and the healthcare system?

Statistics Canada’s latest figures show a life expectancy of 83 for females and 79 for males—men have always lagged behind women in longevity. In 1980, Canadian women could expect to live on average to age 79, in 1970 the figure was 76 and in 1960, it was 74. In 1950, the average life expectancy for women was 71, in 1940 it was 66 and in 1920 the number was 61. 

Over the course of about 90 years, a woman’s life expectancy in Canada has increased by an astonishing 22 years. Men aren’t far behind at 20 years. Longevity in Canada differs very slightly by province with Ontario and British Columbia holding top spots and Newfoundland and Labrador coming in last place.

Living longer may sound like a positive thing, but if those extended years are miserable, pain-filled, present physical challenges and lack a respectable quality of life, some would argue what point is there to living into our 90s, 100s and beyond if we struggle to sustain a manageable quality of life.

Living a long, healthy, wholesome life is key to maintaining a happy and fulfilled existence well into old age. There are many reasons contributing to longer life expectancy figures, including improved medical care and knowledge, education, better nutrition and so on. When we know better, we tend to do better. 

Typically, what we do in our 20s, 30s and 40s can affect how we age and how we manage our health through our 70s, 80s and 90s. Treat your body well and it should repay you in later life. Call it an insurance policy. Abuse it too often and it may let you down when you least expect it.

Life expectancy from birth has increased dramatically since 1900 in Canada where women could once expect to live to just 50 years of age and men to only 47 years. While life expectancy has undergone dramatic change in the past century, living longer is one thing, living longer in good health is quite another. 

While longevity is often linked to good genes, our DNA is just one small factor in the healthy aging equation. Since we can’t change our DNA, our sex or our age, focus should be on those factors where we have control such as exercise, nutrition and maintaining regular check-ups with a physician or health care provider.  

In Ontario, there are programs in place for women to have regular pap tests and mammograms, and for men, prostate cancer checks. Regular colon cancer checks for both male and females are also recommended as we age. These preventative measures are designed to catch the worst types of cancers early. 

Detecting serious disease in its early stages can mean the difference between life and death—or at least a significantly decreased quality of life living with and managing a serious illness. Early detection in such cases is paramount. 

None of us know what is around the corner when it comes to our health. There is no crystal ball. Sometimes it can just be simply luck. A key component to living well is prevention. It’s far easier to prevent disease than it is to treat it or live with it. 

Along with early detection and prevention, comes moderation. ‘Moderation in everything’ used to be something parents and grandparents would preach to younger generations.

Until recently, smoking and lung cancer were big killers. We live in an age where studies abound on how sitting is the new smoking. It is said loneliness is a modern epidemic. We live in a world where retirement is no longer guaranteed or an automatic requirement. We live in a time where at age 60 or 65, we are no longer put out to pasture where retirees begin a life of slippers and rocking chair once they receive their long service award.

Older generations can teach us a lot about aging dos and don’ts. Ask an older person about their secret to longevity and they may proudly say they never smoked or they remained tee-total—some gleefully insist a tot of whisky is their secret. Others will say having family around makes a difference. Some will say laughter is important. A few will state they kept moving their old bodies even when it hurt to do so. Others will say they did the daily crossword to keep their mind sharp.

Recent studies remind us how loneliness is now the biggest killer of older adults. Social activities, getting involved and staying active is essential. Intimate connections may help us live longer and stronger, but social relationships work just as well. As human beings, we need face-to-face connections and interaction, especially as we age.

Whether baby boomer, Gen Xer, octogenarian or millennial, it’s never too early or too late to begin living and aging well. Treat life as an insurance policy: the more you put in and the longer you contribute, the more you get out of it when you need it the most.   

The secret to longevity, the new anti-aging, might be to never stop moving, never stop learning, never stop doing. The ‘use it or lose it’ philosophy still holds true in the 21st century. Aging well means acting smart, but life without a little a fun, daring to step outside your comfort zone, or taking a giant leap of faith from time-to-time is just plain dull. Get out and enjoy every day to the fullest because life should be a blast at any age.

 

Originally Published: April 26, 2018

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Sharon Harrison, Contributor

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Sharon Harrison is a writer, editor and former intellectual property administrator and consultant. Whether editorialist, columnist or freelance reporter, Sharon is a storyteller, photographer, researcher and contributor to many lifestyle publications and media outlets including Grapevine, The Link, The Wellington Times and Countylive. When not hunting for the next interesting story or capturing the perfect photograph, Sharon has a penchant for nutrition and healthy living — and dark chocolate. A foodie, life-long gardener and art lover with a curiosity for mosaics, her inspiration for life comes from the picturesque beauty of Prince Edward County.



Publisher's Letter - Spring 2018

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The beauty of a woman is not in a facial mole, but true beauty in a woman is reflected in her soul. It is the caring that she lovingly gives, the passion that she knows.
— Audrey Hepburn

I like that. I believe in that. But let’s also get real.

In a culture preoccupied with youth and beauty, why has there been such an increase and acceptance in cosmetic procedures? We all want to look great as we age. And we all know that woman: She's on point from head to toe and carries herself like she means it, defying age with every step. So what's she doing?

Most of us strive to take care our skin, hair, and body, no matter how many birthday candles are on our cake. And yes, we want to have a beautiful soul, too. We especially want to have passion, and zest for life. Many of us want it all. The complete package.

I am not a fan of the term anti-aging. It is feels negative, regretful, chasing something that just doesn't exist. On the other hand, it’s never an easy decision to embrace aging whole heartedly. I’ve tried.

When I first realized I was “getting older” at 40 years of age, I had a moment. I was just getting into the groove of being “not old” and then that seemed to change overnight.  I still felt really young in my mind, active and energetic with my young children, so what defined me as 40?

After a while, I realized I’d have to embrace the changes if I was to cope with older age. As we get older, we discover interesting, sometimes previously hidden, parts of ourselves. And because we no longer have the hang-ups of youth – school, college, new relationships, new careers – there is little to prevent us exploring these. It is easier, to seek out new adventures, and along the way, make new friends.

Most adults face predictable and challenging situations in later life. These situations usually involve change. Some life changes may be planned or expected (retirement) and some may come by surprise, and may be out of our control (separation and divorce, death of a loved one, disability).

When we embrace aging, we get to a stage where we throw unrealistic expectations out the window and look for situations that are suitable to our life. This doesn’t mean we drop the bar, though. I used to be a bit of a perfectionist, but I don’t want to spend an enormous amount of my energy on getting everything perfect. Instead, I want to enjoy my life with less striving to be perfect, and more focusing on the sometimes smaller gifts it brings.

As we get older, we tend to think more positively. We realize we’re not getting any younger, and want to live the best life we can in the time we have. We tend to recall positive memories and conveniently ditch the negative ones. There is no point in recounting the bad things in our past. We can’t do anything about them. Of course, this is easier said than done. But as we age, there are so many more memories to choose from, so we can choose to focus on the positive ones.

We also really get how important our work and social networks are. I’ve hit a tipping point with my networks and been lucky to enjoy all sorts of support from the relationships I’ve nurtured. I wouldn’t enjoy my work – both emotionally or financially – anywhere near as much if I hadn’t consciously developed my work and industry relationships over the years.

Age is just a number.

We can choose to embrace aging with an understanding that we have probably spent the first 40+ years in a hurry with no time, wisdom or awareness about what it all meant. My outlook now is to focus on the many positives associated with moving into a new, and very rich, phase of my life. Focusing on the people who surround me, who have supported me, the ones I love and care deeply for.  

Growing older gracefully is an attitude, a mindfulness, with some simple attention to our body, our mind and our spirit. No one is going to do it for us, this is an inside job.

Here is to longevity.  

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LORI MITCHELL, DIGITAL PUBLISHER

Originally Published: April 9, 2018

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Lori Mitchell, Digital Publisher of Healthy Living Now

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Lori currently works for the Hastings and Prince Edward District School Board as Community Use of Schools Liaison.

She loves to keep busy and embark on side projects that keep her engaged with the local health and wellness community. Lori is the Digital Publisher of healthylivingnow.ca, and Producer of the annual Healthy Living EXPO.

Previously, Lori held the position of Publisher for Kingston Life Magazine and prior to that, she held the position of Director of Sales for Watershed Magazine.

Before moving back to the area, Lori held two positions in broadcasting, first as Print Producer for Alliance Atlantis and later as Agency Production Manager for CanWest Media. Directly responsible for the production of print, online and radio for as many as 21 specialty channels and Global TV, Lori oversaw in house campaigns from concept to completion for each property. Prior to transitioning into broadcasting, Lori was the Director of Marketing for Fuel Advertising, with a client portfolio including The Bay.

Lori also has nearly a decade of experience client side as a former Director of Marketing for Dylex (Fairweather), and the same position she later held at Comark (cleo). Working with senior management and advertising agencies, Lori developed, planned and implemented strategies for both brands to ensure marketing elements were synergistic to overall business objectives.

Lori now lives in Old East Hill in Belleville, where she loves being a mom to two great kids, and one beautiful Sheltie, Bella.



Driverless Cars: Beneficial or Harmful to Ontarians?

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Ontario allows testing of driverless cars on provincial roads, but there still needs to be a human operator with a valid driver’s licence who can take over in case of problems.

Driverless vehicles on the road will also need to carry $5 million in liability insurance. These vehicles will be allowed on all public roads in the province, including the 400-series highways.

Whether this is good or bad is up for debate.

Some of the reported benefits include:
Reduced collisions: Almost every car crash is the result of driver error — speeding, driving while drunk, distracted driving, and so on. A driverless car eliminates driver error and will almost certainly lead to fewer collisions.

Eases traffic congestions: Anyone driving around Toronto will appreciate the reduced congestion that will come with driverless cars. No more erratic driving, unexplained stopping or slowing. Further, with fewer or no collisions, no need for “rubber necking” by vehicles passing a crash scene.

Reduced need for parking: Once driverless cars are allowed to operate without a human operator, the cars could drop a person off at a destination and return to the starting place. Or, if the stop is short, continue driving around until the person needs to be picked up.

Increased productivity: In Ontario, the average person spends about 60 minutes commuting to work each day. A driverless car would not only likely reduce the overall commuting time but would also allow the person to be productive during the commute.

There are some potential drawbacks and concerns with the driverless car:
Potential for technology to go wrong: Everyone has experienced IT woes, when your computer should work but for some unexplained reason all you see is the “blue screen of death”. The consequences of a technology failure of a driverless car could be catastrophic, resulting in serious injury or death.

Difficult transition: If the driverless car catches on in Ontario, there will be a transition period with driverless cars sharing the road with human operators. Human drivers have established certain patterns that many of us rely on when driving. For example, very few vehicles drive at the 100 km/hr speed limit on the 400-series highways. The mix of driverless cars and human drivers could potentially lead to more problems.

Loss of privacy: Using a driverless car means a third party would have the opportunity to track all of your movements in the car. Because your driverless car would be receiving or communicating with data centres, your location would be potentially accessible to people or organizations who could hack into the network.

Loss of individuality: A car is more than just a means of transportation. Many people choose vehicles to express their individuality. The Google Car is plain and boring. If driverless cars become mandatory, we would lose the thrill of driving. I for one still choose to drive a manual stick shift even though an automatic is more convenient. A driverless car is one more step in giving up more control.

Overall, I welcome the initiative. I can see the massive benefits, particularly with reducing the number of injuries and deaths on our roads. But there is a lot of work that needs to be done before driverless cars will become mainstream.

 

Originally Published: January 4, 2018

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Kris Bonn, Contributor and Personal Injury Lawyer



When Living in Canada, Snow is a Way of Life!

 Healthy Living Now | healthy living | healthy living Ontario | healthy living Canada | wellness | wellness Ontario | wellness Canada | fitness | fitness Ontario | fitness Canada | healthy eating | healthy eating Ontario | healthy eating Canada | mindfulness | mindfulness Ontario | mindfulness Canada | lifestyle | Ontario lifestyle | Canadian lifestyle | family | Ontario family | Ontario family magazine | Canadian family |  David Suzuki | Dr. Natasha Turner, N.D. | Dr. Oz  | living green | green living | green living Ontario | green living Canada | green living magazine | family strategies | family strategies Ontario | family strategies Canada | products new & now | healthy products | healthy products Ontario | healthy products Canada | lifestyle products | lifestyle products Ontario | lifestyle products Canada | healthy living products | Ontario healthy living products | Canadian healthy living products |  beauty | beauty products | Ontario beauty | Ontario beauty products | Canadian beauty | Canadian beauty products | fashion | fashion products | Ontario fashion | Ontario fashion products | Canadian fashion | Canadian fashion products | home | home products | Ontario home | Ontario home products | Canadian home | Canadian home products  | Lifestyle | Physiotherapy | Winter   2017/2018 |   When Living in Canada, Snow is a Way of Life! | Liz Grant

As hardy Canadians, we should embrace winter and take advantage of the great outdoors. While many people recognize that shovelling snow is hard work, physiotherapists caution that shovelling can place severe stress on your heart, and cause stress and strain on your body. Every year, people sustain injuries such as pulled and strained muscles from repetitive twisting and improper lifting.

 

The Canadian Physiotherapy Association offers the following tips while shovelling:

Choose a shovel that’s right for you:

  • a shovel with a curved handle and adjustable length will minimize painful bending
  • a shovel blade made of plastic will be lighter than metal, putting less strain on your spine
  • a smaller blade will not allow too much snow, and won’t be too heavy for your body to carry

Use proper techniques:

  • whenever possible, push the snow rather than lift it
  • always face forward, bend at the hips, squat with your legs shoulder- width apart, and keep your back straight
  • lift with your legs and scoop small amounts of snow into the shovel
  • keep the load close to your body to reduce the strain on your back
  • step forward in the direction you are throwing the snow, in order to prevent twisting of the low back. This is the most common reason for back pain the next day

Pace yourself:

  • if you have any concerns about your ability to shovel snow this winter, due to health concerns, injuries or inactivity, ask for help, hire a company to clear your snow or speak to a physiotherapist who can help prepare you for the winter ahead
  • clear snow in two stages - skimming snow from the top, then removing the bottom layer
  • take frequent breaks when shovelling-stand up straight, walk around periodically to bring your spine back to a neutral position
  • do standing extension exercises by placing your hand in the small of your back, bending slightly backwards, hold the position for several seconds - repeating 5 to 10 times

Prevent slips and falls

  

  • use a de-icing product on all stairs and walkways - it saves you shovelling and chipping ice unnecessarily
  • wearing good winter footwear can avoid slips on the ice - boots with good traction or external grips can be very beneficial.

This winter, get outside and enjoy the fresh air and the fluffy white stuff. Canadians can still enjoy cardiovascular benefits from snow shovelling if they prepare themselves and listen to their bodies.

 

Originally Published: December 23, 2017

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Liz Grant, Contributor and Physiotherapist at Quinte Orthopaedics & Rehabilitation Specialists



Balance Your Skin Barrier

 Healthy Living Now | healthy living | healthy living Ontario | healthy living Canada | wellness | wellness Ontario | wellness Canada | fitness | fitness Ontario | fitness Canada | healthy eating | healthy eating Ontario | healthy eating Canada | mindfulness | mindfulness Ontario | mindfulness Canada | lifestyle | Ontario lifestyle | Canadian lifestyle | family | Ontario family | Ontario family magazine | Canadian family |  David Suzuki | Dr. Natasha Turner, N.D. | Dr. Oz  | living green | green living | green living Ontario | green living Canada | green living magazine | family strategies | family strategies Ontario | family strategies Canada | products new & now | healthy products | healthy products Ontario | healthy products Canada | lifestyle products | lifestyle products Ontario | lifestyle products Canada | healthy living products | Ontario healthy living products | Canadian healthy living products |  beauty | beauty products | Ontario beauty | Ontario beauty products | Canadian beauty | Canadian beauty products | fashion | fashion products | Ontario fashion | Ontario fashion products | Canadian fashion | Canadian fashion products | home | home products | Ontario home | Ontario home products | Canadian home | Canadian home products  | Nutrition | Eating Healthy | Supplements | Wellness | Self-Care |  Hormone Therapy |  Winter 2017/2018 | Balance Your Skin Barrier   | Natasha Turner, ND

There’s more to “having a thick skin” than you may have thought. Figuratively, it helps you deal with a mean boss, but in a more literal sense, the thickness of your skin is related to your overall health.

The skin is the human body’s largest organ. It weighs about eight pounds and, according to National Geographic, the average adult has 22 square feet of it. The skin plays a key role protecting our bodies, which is why our skin barrier is so important.

Our skin is the mirror of overall health, and here’s why:

  • It prevents bacteria and viruses from entering the body
  • It protects our internal organs, muscles, nerves and blood vessels
  • It produces melatonin to filter harmful UV
  • It metabolizes and activates vitamin D3
  • It regulates core body temperature
  • It excretes excess salt and waste
  • It retains fluids and moisture
  • It impacts our psychological well-being

Every day, we’re bombarded with messages promoting the latest cream designed to protect our skin. But anyone suffering from an inflammatory skin condition, such as eczema or acne, knows that not all creams can prevent the external stresses often responsible for flare- ups. When stress pumps through our system, excess hormones (like cortisol) surge. Not only can this lead to weight gain, but these hormones affect our immune system and speed the aging process.

To truly understand skin health we need to start focusing on what’s upsetting the balance of our skin barrier. Whether it’s stress or food sensitivities, find out how to keep your skin barrier strong:

1. Reduce stress

Our skin releases chemicals called neuropeptides that protect us from infection. The American Academy of Dermatology (AAD) describes neuropeptides as, “the chemicals released by the skin’s nerve endings . . . the skin’s first line of defense from infection and trauma.” Dermatologist and clinical psychologist Richard G. Fried explains that stress can cause these neuropeptides to be released when they shouldn’t be and aren’t needed. This can lead to a vicious cycle where worrying about a skin issue can create more stress, thus worsening the condition. If you get a pimple the night of a first date, stressing about it can actually cause other reactions and inflammation in your skin because of the release of neuropeptides caused by the stress. Dr. Fried’s research explains that stress weakens the skin’s barrier. For this reason, it’s important to reduce stress and also reach for moisturizers that build up your skin’s barrier.

Bottom line: The AAD says it best: “Stress can make a person’s rosacea more red or acne lesions more inflamed and more persistent. It can worsen hives, fever blisters, psoriasis and seborrheic dermatitis.” For this reason, visiting a dermatologist and understanding why your skin is irritated are paramount. A dermatologist can recommend the best topical option for you as well as figure out if there are any underlying stressors causing flare-ups. I recommend SkinFix to many of my clients as a front-line option for skin.

Tip: Take a photo of your skin condition when it flares up, and bring it to your doctor’s appointment.

2. Meditate to calm your mind and your skin

The U.S. National Library of Medicine found that a large number of skin diseases, including psoriasis, were largely affected by stress related to a specific event. Researchers focused on 27 students, and how their skin was affected in three different circumstances (two were low-stress vacations and one was the highly stressful exam time). When comparing the three time periods, it proved that under stressful circumstances the outer layer of their skin became very weak. The participants’ skin cells also reduced in size, allowing the skin to become vulnerable to harmful bacteria that could have lead to eczema or psoriasis.

Bottom line: Try using meditation to calm your nerves. I also recommend supplements like vitamin C, or adaptogenic herbs like Relora and ashwagandha, which help your body adapt to stress.

3. Improve your digestion

Believe it or not, healthy skin starts in the gut. Improving your gut flora is essential for minimizing breakouts and skin flare-ups. One of my favourite remedies for acne is a high- potency probiotic mixed with Cenitol by Metagenics. The Cenitol is a stress relief formula that supports stable moods and is great for nervous system support which I find to be a stellar combination when combined with a good probiotic to assist with alleviating chronic acne.

4. Watch what you eat

Most people with food sensitivities don’t realize how bad they feel (or look) until the problematic foods have been removed from their diet. Suddenly getting out of bed is easier, and their energy, mood and concentration are improved. Joint pain, headaches, skin conditions and sinus congestion often disappear too. Eight common foods – milk, eggs, peanuts, tree nuts, fish, soy, wheat and shellfish – cause an estimated 90 percent of all food allergies.

A study in the Journal of Investigative Dermatology confirmed a link between the skin barrier’s role and food allergies. Symptoms to food allergies are less intense, and typically appear within 12 to 48 hours after eating the offending food. In my practice, skin conditions such as eczema and psoriasis are commonly connected to food intolerances and are greatly reduced when the key culprits are removed and proper topical products are used.

Bottom line: It’s no surprise that diet can play a large role in building a strong skin barrier. To get to the bottom of your symptoms, I recommend that you do a 14-day elimination diet where you remove the most common food allergens from your diet to give your body a break, alleviate stress off your immune system and detox overall. Slowly re-introducing each food after a 14-day break can allow you to connect particular symptoms with your food choices. If you don’t want to do a 14-day elimination diet like my Supercharged Hormone Diet Program, you can consider IgG food-allergy testing.

 

Originally Published: December 9, 2017

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Dr. Natasha Turner, NDContributor and Founder & Director of Clear Medicine Wellness Boutique

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Dr. Natasha Turner, ND is a regular contributor to various publications and television programs as a natural health expert. Shows like The Dr. Oz Show, The Marilyn Denis Show, Canada AM, CP24, CTV News, Breakfast Television, Rogers TV, Shaw TV, and more have used her expertise to educate audiences. Print publications include SELF, ELLE, Glow, Canadian Business, Health, Today’s Parent, Lush The Magazine, Alive, National Post, Metro, Tonic, Vista, Fit Life, Cocoa, Viva, Healthy Living Now, Get Outside, and several websites, including a regular column for Chatelaine.com, Blisstree.com, and Huffingtonpost.ca.



Togetherness and Mealtimes: Sharing the connection of family and food

 Healthy Living Now | healthy living | healthy living Ontario | healthy living Canada | wellness | wellness Ontario | wellness Canada | fitness | fitness Ontario | fitness Canada | healthy eating | healthy eating Ontario | healthy eating Canada | mindfulness | mindfulness Ontario | mindfulness Canada | lifestyle | Ontario lifestyle | Canadian lifestyle | family | Ontario family | Ontario family magazine | Canadian family |  David Suzuki | Dr. Natasha Turner, N.D. | Dr. Oz  | living green | green living | green living Ontario | green living Canada | green living magazine | family strategies | family strategies Ontario | family strategies Canada | products new & now | healthy products | healthy products Ontario | healthy products Canada | lifestyle products | lifestyle products Ontario | lifestyle products Canada | healthy living products | Ontario healthy living products | Canadian healthy living products |  beauty | beauty products | Ontario beauty | Ontario beauty products | Canadian beauty | Canadian beauty products | fashion | fashion products | Ontario fashion | Ontario fashion products | Canadian fashion | Canadian fashion products | home | home products | Ontario home | Ontario home products | Canadian home | Canadian home products  | Family | Nutrition |   Winter 2017/2018 | Togetherness and Mealtimes: Sharing the Connection of Family and Food | Sharon Harrison

Winter is a time for comfort food and home-cooked meals. The oven can be turned on once again, its warmth appreciated rather than riled. Delicious scents emanate from the kitchen as homes fill with familiar smells that simply make us feel good. The blustery and chilly days of winter often keep us indoors.

It may be a memory from a grandmother, a favourite chocolate brownie recipe or a pot of aromatic tomato and basil soup that ensures we gravitate to the kitchen; it’s about familiarity, feeling connected and the comforts of home.

Big stock pots of soup made from the bounty of fall simmer on stove tops, stews slowly bubble, cakes and cookies turn golden as they bake.

Crisps and crumbles made from the abundance of apples gathered in the fall can be baked, stored in the freezer and consumed all winter long, preserving the memory of a fun apple-picking day at the orchard.

Delicious baked spaghetti squash can be appreciated through winter; butternut squash adds substance to soups and stews. Winter eating can be healthy; vegetables collected in the fall are packed with nutrients and vitamins and many will store for weeks or months.

The importance of eating together cannot be underestimated. There is something very special about sitting down together with family and friends to share a meal, no matter how small or insignificant the offerings.

The warmth of a kitchen in winter, the gathering of familiar faces sees people gravitate to simmering soups, warming casseroles or bubbling sweet fruit pies.

Some families seldom experience the joy of sitting at a table with others to eat a meal together. Kids eat alone in bedrooms, while they are using the computer or perched in front of a television screen. It’s a learned behaviour. Once upon a time, families would sit together at the table for all meals.

The 21st century saw a move away from this most basic and important ritual as family members proceeded to eat different meals on different schedules. Life got busy, schedules became chaotic and technology came along invading our lives like never before as families simply drifted apart. Twenty-first century life has become disjointed and in our so-called connected world, families have become disconnected.

Eating alone all the time isn’t good for us. Eating together is therapeutic, even if it’s only for one meal a day. Eating at a table with others gives us a chance to talk to one another, discuss the day or the latest world event, share anxieties or celebrate something special. It’s quality bonding time. People need conversation and face- to-face communication. It’s a small but extraordinarily effective thing: getting back to basics, carving out meaningful slots of time to spend with family during mealtimes.

Family dinners build relationships and it is recognized that kids do better in school as a result.

Studies show that children who do not eat meals with family members are more likely to encounter absenteeism issues at school. They are also more likely to be overweight. Those who did eat meals with family showed in studies to be better off academically, were less likely to use drugs or alcohol and generally chose more healthy food choices.

Food doesn’t have to glamorous or fancy: even the simplest meal choices eaten together can have enormous benefits enhancing our quality of life.

In her book “A Book of Mediterranean Food”, Elizabeth David wrote in 1950 about how we eat rather than what we eat.

Many countries around the world embrace the act of meal preparation as a family where eating together is a ritual, something not to be rushed, but savoured and enjoyed. Even the poorest people living in the poorest countries globally make and consume food together no matter what the food is or how much (or little) they have to work with. Mealtimes in some cultures are respected and sacred as food is prepared and consumed in a slow, mindful and meaningful manner.

The experience of sitting down together at a table doesn’t have to include the formality of a linen tablecloth, fine china or fancy flatware. Enjoying food with others is about laughing together and the act of sharing time with others, immersing one’s self in conversation, exchanging the stories of the day.

Eating together can make us feel relaxed and content and is often associated with positive feelings and pleasant memories. It’s a universal experience. It’s even known to lower cholesterol and blood pressure levels and can help improve digestion. It has also been linked to reducing the likelihood of chronic disease, thereby increasing longevity.

“To eat is a necessity, but to eat intelligently is an art,” said 17th- century writer François de La Rochefoucauld. You just have to be motivated and willing to change old habits.

Sitting together at the kitchen table, a mother can bond with a child; a brother with a sister. It’s a learning experience for the child as new behaviors are observed. Go one step further and drag the kids along to the local farmers’ market. Get them to check out the produce with you and allow them to help with selection. Allow them to participate in the process and work in the kitchen preparing the meal. It is well documented that kids who are exposed to all elements of food preparation carry it with them through to adulthood. And while not necessarily a scientific fact, it’s often said that couples who eat together, stay together.

Passing skills onto the next generation, instilling a passion for cooking and the benefits that come with sharing mealtimes is vital. Restoring family traditions and having little ones make new traditions is the true essence of family life. Memories of grandma’s chocolate chip cookies or dad’s slightly-burned macaroni and cheese should be preserved and carried through the generations.

Eating together is about securing connections, developing social skills, establishing new traditions as old recipes are preserved and new ones are created. We all have to eat, so why not do it together and make mealtimes more meaningful.

Eat simply and eat together.
— Elizabeth David (1913-1992)

 

Originally Published: December 4, 2017

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Sharon Harrison, Contributor

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Sharon Harrison is a writer, editor and former intellectual property administrator and consultant. Whether editorialist, columnist or freelance reporter, Sharon is a storyteller, photographer, researcher and contributor to many lifestyle publications and media outlets including Grapevine, The Link, The Wellington Times and Countylive. When not hunting for the next interesting story or capturing the perfect photograph, Sharon has a penchant for nutrition and healthy living — and dark chocolate. A foodie, life-long gardener and art lover with a curiosity for mosaics, her inspiration for life comes from the picturesque beauty of Prince Edward County.