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College of Opticians obtains court order against Great Glasses Franchisees

On December 27, 2006, the Superior Court of Justice of Ontario handed down a judgment in the Application brought by the College against the Great Glasses franchisees. The Court dismissed a motion brought by the Great Glasses franchisees to convert the Application into an Action (a longer process involving a trial). The Court also granted an interim injunction to require the Great Glasses franchisees (including their employees, agents, independent contractors, and other persons carrying on business in association with them or on their behalf), to comply with the RHPA, the Code and the Regulations. The Court also made other orders relating to the timetable for future steps to be taken in the Application, and ordered the Great Glasses franchisees to pay the costs of the College for the motion to convert and the motion for interim relief.

You can read the full judgment here. [PDF]

On December 27, 2006 the Court granted an interim injunction against a number of Great Glasses stores requiring them to comply with the RHPA. We have completed investigations and have evidence we believe will support further action. We will be moving for contempt of the injunction issued by the court in December of last year. We are still awaiting a court date to argue for a permanent injunction, but will be seeking an immediate court date to hear the contempt motion on the interim injunction.

UPDATE:

The Honourable Justice Perell of the Ontario Superior Court has handed down a lengthy decision in which he dismissed a motion by fifteen Great Glasses franchisees to stay the Application by the College of Opticians for an injunction to require their compliance with the Regulated Health Professions Act and to stay the motion for an order that Great Glasses franchisees be found in contempt for breaching the interlocutory order of the Honourable Justice Spies. This means that the College may now proceed with contempt proceedings against Great Glasses franchisees who are not complying with the legal requirement that dispensing may only be performed by opticians, and only on the basis of a prescription from a physician or optometrist.

As reported earlier, the recent decision of the Honourable Justice Perell dismissed a motion by the Great Glasses franchises to stay a motion by the College of Opticians for an order that Great Glasses franchises be found in contempt for breaching the interlocutory order of the Honourable Justice Spies. As a result of that decision the Great Glasses franchises are required to pay $17,000 to the College for the costs of the motion.

Interim Suspension

On November 16, 2006, the certificate of registration of Bruce Bergez R.O. C-1192 was suspended by order of the Executive Committee under section 37 of the Health Professions Procedural Code. The suspension is effective immediately and will remain in place until the matter of the allegations of professional misconduct against Mr. Bergez are disposed of by a panel of the Discipline Committee of the College.

Interim Suspension

On December 20, 2007, the certificate of registration of Arthur Kochberg, RO C-202, was suspended effective immediately; pursuant to the Interim Order, under section 37 of the Health Professions Procedural Code, being schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991 c.18. The interim suspension will remain in place until the matter of the specified allegations referred to the Discipline Committee in the Notice of Hearing dated December 20, 2007, is disposed of by a panel of the Discipline Committee of the College of Opticians.


 

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