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  • Breaking News in the Great Glasses Court Case

    Business owner lied under oath, court told



    By Steve Buist
    The Hamilton Spectator
    (Oct 26, 2006)
    The man behind southern Ontario's Great Glasses empire was repeatedly portrayed yesterday as a liar incapable of telling the truth during the opening day of a rare contempt case being heard in a Hamilton courtroom.
    Bruce Bergez, of Dundas, is facing a possible fine of at least $4 million if he's found guilty in a civil contempt of court action that has been launched by the College of Optometrists of Ontario.
    The College of Optometrists is alleging that Bergez and the Great Glasses stores have been violating an earlier court decision from 2003 that ordered the chain to comply with Ontario legislation that governs opticians, optometrists and physicians with respect to prescribing and dispensing eye glasses and contact lenses.
    The college alleges that Great Glasses stores are preparing eye glasses and contacts without proper prescriptions from an optometrist or physician, and then dispensing them to customers without the proper supervision of an optician.
    The Great Glasses chain, which has five stores in Hamilton and two in Burlington, is widely known for its "3 for 1" glasses promotion, as well as the offer of a free eye test for customers with no appointment necessary.
    Roy Stephenson, the lawyer representing the College of Optometrists, spent the day attacking dozens of inconsistencies contained in three separate examinations under oath he conducted with Bergez earlier this year as he attempted to uncover how the Great Glasses empire operated.
    The third examination had been ordered by the court with Bergez facing the threat of imprisonment if he didn't answer dozens of questions from the College of Optometrists.
    "(Bergez) lies under oath, he lies in affidavits and I'm going to ask the court to find that he's fabricated documentation," Stephenson said.
    "He's arrogant, he doesn't believe in authority and he's making millions of dollars doing it," Stephenson added.
    Stephenson told Superior Court Justice David Crane that it took three examinations of Bergez and two court orders before he finally got some insight into how money flowed through the Great Glasses' franchises.
    It wasn't until the third examination that Bergez revealed that the owner of Great Glasses' parent company was a "Buster Kafer."
    Stephenson told the court that Buster Kafer didn't actually exist and that the name was simply an amalgamation of Bergez's dog's name, plus his mother's maiden name.
    At one point, Stephenson pointed out that franchise agreements for the Great Glasses locations had all been signed "by Buster Kafer, which is astonishing because I didn't know that dogs could write.
    "I guess this one can," Stephenson added wryly.
    The case continues today.
    sbuist@thespec.com
    905-526-3226

  • #2
    the very vext day



    This is from the day after.....and NO decision has been made.
    Last edited by mike.elmes; 10-30-2006, 04:53 PM.

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    • #3
      Originally posted by mike.elmes View Post
      http://www.hamiltonspectator.com/NAS...=1161899444694

      This is from the day after.....and NO decision has been made.
      Thanks Mike......I am one of the many who are hoping to see justice done in this case.

      Regards,
      Golfnorth

      Comment


      • #4
        Originally posted by Golfnorth View Post
        Thanks Mike......I am one of the many who are hoping to see justice done in this case.

        Regards,
        Golfnorth

        I would like to suggest that those interested read the judges decision for a different viewpoint of some things:





        I am not defending any of the various parties involved only suggesting that to fully understand what is happening may require more research and these are public documents that perhaps will increase each of our knowledges about the issues .
        Last edited by Refractingoptician.com; 02-09-2007, 06:10 PM.

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        • #5
          Check out the Oh Brother thread for more on the great glasses Debacle.

          Comment


          • #6
            More Trouble for Great Glasses



            10 Great Glasses sites facing WSIB charges

            By Steve Buist
            The Hamilton Spectator
            (Nov 1, 2006) The operators of 10 Great Glasses locations throughout the Golden Horseshoe are facing a total of 38 charges laid under the province's Workplace Safety and Insurance Act.
            The charges, laid against a variety of individuals and corporations, are related to either failing to register with the Workplace Safety and Insurance Board within 10 days of becoming an employer, or failing to file payroll statements with the WSIB.
            The key issue revolves around the remittances employers have to make to WSIB for employees.
            Great Glasses franchises have taken the position that they do not have employees but instead are staffed by independent contractors.
            Eight of the WSIB charges were laid against operators of Great Glasses franchises in Hamilton, Burlington, St. Catharines, Cambridge, Brampton and Thornhill.
            Fifteen of the charges were laid against three corporations that are associated with the three original Great Glasses locations in Hamilton and Burlington and another 15 were laid against Joanne Bergez, who is a director of the three corporations.
            Joanne Bergez is the spouse of Bruce Bergez, the man who built the Great Glasses empire in southern Ontario.
            The Bergezes and the three corporations are facing a possible fine of $5 million if they are found guilty in a separate contempt of court case that was brought by the College of Optometrists. A decision is pending in the contempt case.
            The college is alleging that the Bergezes and the three corporations have been violating an earlier court decision from 2003 that ordered the chain to comply with Ontario legislation that governs opticians, optometrists and physicians.
            The Great Glasses operators indicated through Bruce Bergez that they would not comment on the WSIB charges.
            "They all request that we make no comment at this time, other than to state that each defendant awaits the full trial of the issues in order to utilize the courts to acquit themselves," said Bergez, who is acting as spokesman for the group.
            If convicted under the Workplace Safety and Insurance Act, the maximum penalty against individuals is a $25,000 fine and up to six months in jail for each charge.
            For corporations, the maximum penalty is a fine of $100,000 per charge.
            sbuist@thespec.com
            905-526-3226



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            • #7
              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.

              From COO

              Comment


              • #8
                Originally posted by Ory View Post
                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.

                From COO
                Is he the only license in the chain...unlikely. I would doubt this does anything to interupt bussiness as usual at Great Glasses.

                Comment


                • #9
                  My understanding is that he is the only license. His mindset is that he can delegate his authority based on his instruction booklet given to each store. Any calls to the chain asking to speak with an optician are deflected.

                  I agree this will not affect their operation. His license was suspended last year sometime and I don't think it affected the stores.

                  Comment


                  • #10
                    Originally posted by Ory View Post
                    My understanding is that he is the only license. His mindset is that he can delegate his authority based on his instruction booklet given to each store. Any calls to the chain asking to speak with an optician are deflected.

                    I agree this will not affect their operation. His license was suspended last year sometime and I don't think it affected the stores.

                    If his is the only license , and that license is suspended then does it not follow that the delegation (asuming it was legal )for each store is also now suspended ? If that is the case then each and every store is now in violation . What am I missing here ? Why are the stores operating ? Are the stores still operating ?

                    Comment


                    • #11
                      Originally posted by Gary View Post
                      If his is the only license , and that license is suspended then does it not follow that the delegation (asuming it was legal )for each store is also now suspended ? If that is the case then each and every store is now in violation . What am I missing here ? Why are the stores operating ? Are the stores still operating ?
                      There is no trying to make sense of any of what has been allowed to go on with this company. I'm sure they are business as usual until a sherriff paddle locks the doors, which hasn't happened yet.

                      Comment


                      • #12
                        it stands to reason that, with his license suspended, the delegation is suspended. Delegation is an extension of a license, therefore, no license, no delegation. I guess there are bigger fish to fry first.

                        Comment


                        • #13
                          He will appeal

                          So yes a verdict was laid... but 1 mill? That is pocket change to this guy.
                          I was at the court case last month and it took a lot to just sit there.
                          I have strong passion for my profession and it really irritates me to see this guy abuse the system. Not to mention the stupid franchise owners who are operating their stores and listen to him. What is this some kind of cult???
                          I am trying not to get excited about this because I know he will appeal and when he does we are back to square one. The stores are operating as normal 3 days later - so what did it change??? nothing yet. Feel free to contact me if you would like me to add you to a list for information. I am in contact with the Hamilton Spectator and others for details.
                          I have also spoken to insurance companies who will now go after him for insurance fraud.
                          Rx's can only be done by an professional for it to qualify for insurance AND a licenced optician can only sign those forms. As of now Bruce Bergez is NOT as optician as his license was revoked.
                          :cheers: It's always noon somewhere!

                          Comment


                          • #14
                            Originally posted by muucow View Post
                            I am trying not to get excited about this because I know he will appeal and when he does we are back to square one.
                            He may appeal, but I feel quite surely that the next court of appeal will simply review the transcripts and reject his petition. This is a pretty open and shut matter, in 2003 Burgez was ordered to comply with the RHPA, to my knowledge there has not been an apply to this decision, and now due to his beligerence Mr. Bergez has been found to be in contempt of the original 2003 decision. What is he going to do, try to prove that he has in fact been in compliance with the RHPA for the past three years, three years in which he openly violated the RHPA, claiming to serve the public interest with free eye exams? Even if he managed to single handedly change the scope of practice, as he seems to be telling reporters, he still has a one million dollar fine to pay.

                            His appeal is not going to get very far, and when it is rejected he has three choices; pay up, serve the time, or go into hidding.

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                            • #15
                              ]]
                              Last edited by Refractingoptician.com; 03-01-2007, 10:51 PM.

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