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Thread: Ont. optician stripped of licence there sets up shop in Chilliwack

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    Ont. optician stripped of licence there sets up shop in Chilliwack

    http://www.theprovince.com/news/opti...343/story.html

    Local opticians say Bergez is not only offering sight tests without a licence but is also testing clients only optometrists and ophthalmologists are legally allowed to test — such as those with health complications, those under the age of 19 and those over the age of 65.

    "He's auto-refracting everybody, children, seniors — anybody," said Nicole McEdwards, an optician with Image Optometry.

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    Although I don't agree with what this minion is doing, as he did in Ontario, he has found his legal loopholes in BC and will continuously jump through them like a cheap circus act making a mockery along the way.

    Folks, focus on your own businesses and don't waste your valuable efforts, resources and time watching the Barnum & Bergez circus show.

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    any press is good press
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    Why did the judge suspend his sentence and why have the Colleges not reported the outcome to their members after spending how much on legal fees ? Why did the Colleges not object to the suspension ? When will the Colleges develop some guts and transparency and accountability ?

    They have a duty to report significant things to their memberships. This is very significant.

    Let's have some answers from the Colleges. This case involved millions of dollars in legal fees and 17 million in fines but where are the updates?

    Whose job is it to update the memberships ? The President's , the Registrar's ?
    Last edited by idispense; 04-21-2012 at 11:10 AM.

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    BC deserves this clown....It all started with the BC Health Ministers vision of deregulation....He now will test the legal system there. Hope he continues to pay down the 17 mill he owes the Ontario tax payers.

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    Quote Originally Posted by mike.elmes View Post
    BC deserves this clown....It all started with the BC Health Ministers vision of deregulation....He now will test the legal system there. Hope he continues to pay down the 17 mill he owes the Ontario tax payers.
    Many more like him will soon set up shop in BC - who the hell will want to get their eyewear from that province?

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    A true cutting edge Optician.

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    Quote Originally Posted by Speed View Post
    A true cutting edge Optician.

    He did not get there alone.

    The people that wrote our rules and regulations did not suspend his license for years, they kept renewing it for close to 6 years and then did not revoke it for almost another 2 years. He also got out of jail with a suspended sentence. Think about it. And why are there no updates posted in newsletters or websites ?

    Accountability and transparency and integrity ? Yeah right .

    When all of our Standards of Practise are violated , millions were spent on legal ,but nothing was spent on advertising to the public about the dangers of dealing with that chain ? And we should believe in transparency, accountability, integrity ? Yeah right. We should believe in change management and press releases that never hit the newspapers or TV too .

    A true cutting edge optician ?? Hmmm

    More likely a true cutting edge mechanism for deregulation complete with support system.

    Any other optician's license would have been suspended within 30 days on a non-payment issue, but his license was not suspended for many many years , inspite of far more serious issues and Provincial Court rulings not to mention the College's own disciplinary proceedings.

    Think long and hard about what went on and is continuing.

    Every judge and appeal court ruled against this guy and the judges called it a sham operation right from the start, so how does it happen then that his license kept being renewed? The College discipline committees were capable of making their own decisions without the Provincial court systems, instead they CHOSE to let him operate and CHOSE not suspend his license and even after suspension they CHOSE NOT to revoke it till a much later time period.


    Read the discipline cases and the transcripts. He did not get there alone. There was no resistance and non-resistance is help.


    How does it happen that an asset like the name and logo are still in use ? How does it happen that the "Brand" ...the name and logo ... were not seized and kept by the creditors like the College or the Attorney General ?


    There was help and opportunity was always left on the table.


    Just like in monopoly there are Get out Of Jail Free cards.


    How do you get those ?
    Last edited by idispense; 04-23-2012 at 12:06 AM.

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    "Ontario optician stripped of licence"

    that wording and title might be dramatic but I wonder if it is correct? "Stripped of license" insinuates it was yanked and jerked forcibly away .

    That never happened as near as I can see .

    He was allowed to operate for many years even after being consistently found in the wrong.


    A better description might be that the licensing parties finally became so "pushed" to do something correct that they would have been totally embarrased to have let him continue further so finally they had no option but to try to reign him in and they did that with a half-hearted move to appease their criticisism, but that only yeilded a suspension when he should have been revoked.

    The suspension looked like a positive step in a direction that should have occurred years prior ,,,, but still he operated.
    It might be a better description to say that the options were running out ....... but ... he was still allowed to operate.


    "Stripped of his license" a dramatic headline yes , but that is all . It does not describe the truth . The exact opposite is the truth .

    Ontario opticians were stripped of their belief in the value of their licenses , the value of their Regulatory Body and the value of their Associations and the value of their Standards of Practise, and the value of their court sytem and the value of their Minister of Health and Provincial Opticianry Acts.

    Anyone want to discuss the ORNGE affair ?
    Last edited by idispense; 04-23-2012 at 12:08 AM.

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    Quote Originally Posted by mike.elmes View Post
    BC deserves this clown....It all started with the BC Health Ministers vision of deregulation....He now will test the legal system there. Hope he continues to pay down the 17 mill he owes the Ontario tax payers.


    AH ?? ??? ??/ What would make you think he paid anything down ? What are you smoking ?

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    Quote Originally Posted by idispense View Post
    He did not get there alone.

    The people that wrote our rules and regulations did not suspend his license for years, they kept renewing it for close to 6 years and then did not revoke it for almost another 2 years. He also got out of jail with a suspended sentence. Think about it. And why are there no updates posted in newsletters or websites ?

    Accountability and transparency and integrity ? Yeah right .

    When all of our Standards of Practise are violated , millions were spent on legal ,but nothing was spent on advertising to the public about the dangers of dealing with that chain ? And we should believe in transparency, accountability, integrity ? Yeah right. We should believe in change management and press releases that never hit the newspapers or TV too .

    A true cutting edge optician ?? Hmmm

    More likely a true cutting edge mechanism for deregulation complete with support system.

    Any other optician's license would have been suspended within 30 days on a non-payment issue, but his license was not suspended for many many years , inspite of far more serious issues and Provincial Court rulings not to mention the College's own disciplinary proceedings.

    Think long and hard about what went on and is continuing.

    Every judge and appeal court ruled against this guy and the judges called it a sham operation right from the start, so how does it happen then that his license kept being renewed? The College discipline committees were capable of making their own decisions without the Provincial court systems, instead they CHOSE to let him operate and CHOSE not suspend his license and even after suspension they CHOSE NOT to revoke it till a much later time period.


    Read the discipline cases and the transcripts. He did not get there alone. There was no resistance and non-resistance is help.


    How does it happen that an asset like the name and logo are still in use ? How does it happen that the "Brand" ...the name and logo ... were not seized and kept by the creditors like the College or the Attorney General ?


    There was help and opportunity was always left on the table.


    Just like in monopoly there are Get out Of Jail Free cards.


    How do you get those ?
    You sound like a broken record

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    Broken record or not , you can't deny that anyone failing to pay the prescribed renewal fee on time would be suspended in 30 days, he wasn't, therefore they kept renewing him inspite of court findings and disciplinary actions. These were not trivial matters to be taken lightly . Why did they do it ? Why is CBC making him out to be a good guy ? Actions like these make us all look bad . Actions like these lead to deregulation .

    Where is the outrage ?

    Why has the other most publicized case that recieved global attention never had a disciplinary hearing ?

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    It is not just this particular case but white collar crime in general. The message is that" if you get caught in Canada the consequences are minimal" God forbid that you man handle a shoplifter in your store, you would be in more serious trouble then Brucey!

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    Quote Originally Posted by Golfnorth View Post
    You sound like a broken record
    +1

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    It is easy to identify those wanting deregulation.

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    well if brucey is allowed to continue with sight testing by our college, & our college does nothing about it, i for one, a refracting optician, will not be renewing my licence next year, & hopefully, other refracting opticians will stop sending them money....for nothing, & we actually know what were doing. so lets see,... regular opticians, as long as you don't call your self one, don't send the college any money, & now refracting opticians, don't send them any money = no optical board...so the way i see it, the college has to do something about this, or disappear, & when was the last time i was actually called an optician from a customer? can't remember, & i've being doing this for 30 years

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    If you don't all get together outside of the College and cut off the flow of $$ to the College then the College will never take you seriously and before you know it you will be contending with a 24 store chain of autorefrators being used with no training.

    In Ontario I wonder what would have happened had the opticians organised against the College and demanded action and started questioning how his license could be constantly renewed . Each time they renewed his license they condoned his use of the franchise " Registered Optician' and in the eyes of the public it was ok to deal with him because he was current and active and therefore endorsed by the College ! They did opticians no favors . Opticians did themselves no favors by being weak and complacent.

    The BC newspaper article used words like " potentially illegal " That is not a very strong position for BC opticians to be left in considering the dues they are paying .

    The BC judges told your past registrar to tighten the wording of your act , instead you lost your act and now you are going to lose refraction as well because your Registrars would not listen to the judges. But for that matter even your Health Ministers overthrew the judges. Who are you guys going to overthrow ?

    One of the problems is that if you do cut the flow of $$ then you may face deregulation and the other problem is that if you do not do it then you will face deregulation anyhow. BC gained refraction but lost dispensing and traded refraction for legal internet dispensing. If you lose refraction as well then you have absolutely nothing to show for your money or your education.

    BC has nothing to lose at this point. You guys better decide to fight on your own . Colleges take years to act and by that time it is too late . Generally Colleges are also not accountable or transparent. You are self governing profession and it is now time for each of you to organise and self govern. No one will take you seriously until you take yourself's seriously.

    Other professions like teachers and pilots and auto workers go on stike over stuff like this then they are taken seriously .

    Your organisations know that you will not take them to task so they are not afraid of their own membership . They go on their merry way 'leading you' knowing full well you are all little sheep who will not question them or stand up for yourself.

    BC opticians , you let your own government trade 1300 of you out in favor of 300 internet workers.

    BC opticians You are weak , you have no back bone, no one is going to listen to you , not even your own College. Your own Health Minister has no respect for 1300 of you versus 300 internet workers.

    What do you think your Health Minister is going to do? Protect you and uphold the current law ? Probably not , from your past experience it is more likely that your Health Minister will rule in favor of Mr AutoRefractor with no training. Ontario's Health Minister did nothing against your auto refractor man.


    If you want to be heard and taken seriously then you will have to play your bargaining chips .... your dollars and your willingness to go on strike.


    If opticians and optometrists did this together then you might regain everything you have lost. If not then you are going to lose even more .
    Last edited by idispense; 04-24-2012 at 03:36 PM.

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    Quote Originally Posted by idispense View Post
    If you don't all get together outside of the College and cut off the flow of $$ to the College then the College will never take you seriously and before you know it you will be contending with a 24 store chain of autorefrators being used with no training.

    In Ontario I wonder what would have happened had the opticians organised against the College and demanded action and started questioning how his license could be constantly renewed . Each time they renewed his license they condoned his use of the franchise " Registered Optician' and in the eyes of the public it was ok to deal with him because he was current and active and therefore endorsed by the College ! They did opticians no favors . Opticians did themselves no favors by being weak and complacent.

    The BC newspaper article used words like " potentially illegal " That is not a very strong position for BC opticians to be left in considering the dues they are paying .

    The BC judges told your past registrar to tighten the wording of your act , instead you lost your act and now you are going to lose refraction as well because your Registrars would not listen to the judges. But for that matter even your Health Ministers overthrew the judges. Who are you guys going to overthrow ?

    One of the problems is that if you do cut the flow of $$ then you may face deregulation and the other problem is that if you do not do it then you will face deregulation anyhow. BC gained refraction but lost dispensing and traded refraction for legal internet dispensing. If you lose refraction as well then you have absolutely nothing to show for your money or your education.

    BC has nothing to lose at this point. You guys better decide to fight on your own . Colleges take years to act and by that time it is too late . Generally Colleges are also not accountable or transparent. You are self governing profession and it is now time for each of you to organise and self govern. No one will take you seriously until you take yourself's seriously.

    Other professions like teachers and pilots and auto workers go on stike over stuff like this then they are taken seriously .

    Your organisations know that you will not take them to task so they are not afraid of their own membership . They go on their merry way 'leading you' knowing full well you are all little sheep who will not question them or stand up for yourself.

    BC opticians , you let your own government trade 1300 of you out in favor of 300 internet workers.

    BC opticians You are weak , you have no back bone, no one is going to listen to you , not even your own College. Your own Health Minister has no respect for 1300 of you versus 300 internet workers.

    What do you think your Health Minister is going to do? Protect you and uphold the current law ? Probably not , from your past experience it is more likely that your Health Minister will rule in favor of Mr AutoRefractor with no training. Ontario's Health Minister did nothing against your auto refractor man.


    If you want to be heard and taken seriously then you will have to play your bargaining chips .... your dollars and your willingness to go on strike.


    If opticians and optometrists did this together then you might regain everything you have lost. If not then you are going to lose even more .
    I would hope that the BC opticians would renew their licenses so their College would have some funds to fight Mr. Bergez with. I hope cooler heads prevail and they don't let their licenses lapse.

    Regards,
    Golfnorth

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    Quote Originally Posted by Golfnorth View Post
    I would hope that the BC opticians would renew their licenses so their College would have some funds to fight Mr. Bergez with. I hope cooler heads prevail and they don't let their licenses lapse.

    Regards,
    Golfnorth

    This is not a hot head talking if that is what you are inferring. BC does not need any more money to fight autorefractions . Money won't do it. Ontario opticians spent 1.5 million or so and that did not do it. For 1.5 million we put him in jail for 365 days which equates to $4,105.19 per night . That does not include what the optometrists paid or what the Ontario citizens paid.

    If BC takes him to court they will be in court for about the same time as we were 7 or 8 years . They will spend the same as we did or more (except they do not have the same funds available to spend) so for 1,500,000.00 then each optician in BC (less than 1300 of them ) will spend $ 1,153.85

    The average wage for opticians might be 28.00 per hour so if each optician were going to spend 1,153.85 and use the same legal approach we did and achieve the same results then 1,153.85 divided by 28.00 = 41.21 hours . In other words each optician in BC could go on stirke for a full week and gain more immediate action, attention and give their Colleges and Associations and Minister of Helath something solid to think about .

    And it would not take another 7 or 8 years to smarten them up.


    Same money but quicker results without actually spending the money.

    Insanity and hot headedness as you propose is doing the same thing over again and not learning from previous mistakes.

    You can not give Mr Refractor any leeway or opportunity.

    BC will lose more by following the ones that already lead them to deregulation.

    This approach brings attention where it is needed and will strengthen opticians and optometrists.


    Your approach is a repeat of what does not work and focuses on an individual as opposed to what the real problem is .

    Teachers licenses and pilots licenses do not lapse because they strike.
    Last edited by idispense; 04-24-2012 at 07:17 PM.

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    Quote Originally Posted by idispense View Post
    This is not a hot head talking if that is what you are inferring. BC does not need any more money to fight autorefractions . Money won't do it. Ontario opticians spent 1.5 million or so and that did not do it. For 1.5 million we put him in jail for 365 days which equates to $4,105.19 per night . That does not include what the optometrists paid or what the Ontario citizens paid.

    If BC takes him to court they will be in court for about the same time as we were 7 or 8 years . They will spend the same as we did or more (except they do not have the same funds available to spend) so for 1,500,000.00 then each optician in BC (less than 1300 of them ) will spend $ 1,153.85

    The average wage for opticians might be 28.00 per hour so if each optician were going to spend 1,153.85 and use the same legal approach we did and achieve the same results then 1,153.85 divided by 28.00 = 41.21 hours . In other words each optician in BC could go on stirke for a full week and gain more immediate action, attention and give their Colleges and Associations and Minister of Helath something solid to think about .

    And it would not take another 7 or 8 years to smarten them up.


    Same money but quicker results without actually spending the money.

    Insanity and hot headedness as you propose is doing the same thing over again and not learning from previous mistakes.

    You can not give Mr Refractor any leeway or opportunity.

    BC will lose more by following the ones that already lead them to deregulation.

    This approach brings attention where it is needed and will strengthen opticians and optometrists.


    Your approach is a repeat of what does not work and focuses on an individual as opposed to what the real problem is .

    Teachers licenses and pilots licenses do not lapse because they strike.
    I was not inferring that you are a hot head. I was hoping that the BC opticians would not let their license lapse and not let their emotions get the best of them. Hot headedness is not doing the same thing over and over again. It is making a rash decision based on emotion. I would hope that it would take alot less time to correct the situation in BC based on what went on in Ontario and the character of the individual in question.

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    Quote Originally Posted by Golfnorth View Post
    I was not inferring that you are a hot head. I was hoping that the BC opticians would not let their license lapse and not let their emotions get the best of them. Hot headedness is not doing the same thing over and over again. It is making a rash decision based on emotion. I would hope that it would take alot less time to correct the situation in BC based on what went on in Ontario and the character of the individual in question.

    BC Opticians are going to let their licenses lapse and they're doing it now anyhow as the percieved value is very low and I do not want that to happen either.

    In my opinion it can only be reversed by not following Ontario's misguided lead . There are many similarities in both provinces yet both are different. BC has not very much left at all to preserve. They will bankrupt themselves then drag us down too if they lose focus of the real problem.


    Mr Autorefractor will go the distance , whatever that distance is and Mr Autorefractor is a master of asset protection. The law will not stop him so place no faith in the legals advice,...legals, judges and Attorney Generals are no match for Mr Autorefractor. That will only be a cash drain. Ontario's results and the similarities to the ORNGE affair should be a lesson to all .

    Left alone BC licenses will lapse . The legal approach will fail against Mr Autorefractor. That we know for sure . Providing leniency will also fail . Putting faith in Standards of Practise will also fail .

    Let opticians and optometrists show joined hands of strength and walk off the job for a week and then that may gain them the strength and attention to their intrinsic value and educations. Dry up the Rx's and even the internet boys will feel some pain. The public will not have new rx's or PD's that week , bring some inconvenience to the public and embarass the short sighted politicians who so gladly trade 300 minimum wage jobs for 1300 educated people , then opticians and optometrists will realize that together they can put a stop to this lunacy. They might gain back some of what they lost and regain the teeth in their Acts. They need to bring the power of the media , and the power of public voice to bear upon the politicians .

    I don't think anyone can deny that the organisations feed on the fact that they can do whatever they please without accountability or transparency because they bank on there being no unified show of resistance.

    If it were to backfire , BC opticians will lose in a conventional Ontario approach anyhow. They have so little now what have they to lose ?

    Academically speaking there will only be a timing difference should it fail .

    Injunctions and courts and Standards of Practise, councils, Registrars, discipline committees, lawyers , politicians, don't work . That we know and proved beyond all doubt.

    BC needs to learn from their own mistakes and ours and try a new approach.
    Last edited by idispense; 04-24-2012 at 08:50 PM.

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    Quote Originally Posted by idispense View Post
    BC Opticians are going to let their licenses lapse and they're doing it now anyhow as the percieved value is very low and I do not want that to happen either.

    In my opinion it can only be reversed by not following Ontario's misguided lead . There are many similarities in both provinces yet both are different. BC has not very much left at all to preserve. They will bankrupt themselves then drag us down too if they lose focus of the real problem.




    Mr Autorefractor will go the distance , whatever that distance is and Mr Autorefractor is a master of asset protection. The law will not stop him so place no faith in the legals advice,...legals, judges and Attorney Generals are no match for Mr Autorefractor. That will only be a cash drain. Ontario's results and the similarities to the ORNGE affair should be a lesson to all .

    Left alone BC licenses will lapse . The legal approach will fail against Mr Autorefractor. That we know for sure . Providing leniency will also fail . Putting faith in Standards of Practise will also fail .

    Let opticians and optometrists show joined hands of strength and walk off the job for a week and then that may gain them the strength and attention to their intrinsic value and educations. Dry up the Rx's and even the internet boys will feel some pain. The public will not have new rx's or PD's that week , bring some inconvenience to the public and embarass the short sighted politicians who so gladly trade 300 minimum wage jobs for 1300 educated people , then opticians and optometrists will realize that together they can put a stop to this lunacy. They might gain back some of what they lost and regain the teeth in their Acts. They need to bring the power of the media , and the power of public voice to bear upon the politicians .

    I don't think anyone can deny that the organisations feed on the fact that they can do whatever they please without accountability or transparency because they bank on there being no unified show of resistance.

    If it were to backfire , BC opticians will lose in a conventional Ontario approach anyhow. They have so little now what have they to lose ?

    Academically speaking there will only be a timing difference should it fail .

    Injunctions and courts and Standards of Practise, councils, Registrars, discipline committees, lawyers , politicians, don't work . That we know and proved beyond all doubt.

    BC needs to learn from their own mistakes and ours and try a new approach.
    Do you really think that a one week strike of opticians and OD's is realistic? Come on.....think about it!

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    Ok lets not try a different approach , let's wait another ten years and spend another 1.5 million so Mr Autorefractor can vacation on us at the rate of 4200.00 per night so our legals can let him out of jail with a suspended sentence and charge us more money while they decree there has been a 'mockery of justice" .

    That makes no sense to me .

    Governments cut services and funding, why should we treat them differently than they treat us ?

    The Attorney General did not do his job and collect the fines. Why would we place more faith in him ?

    I didn't see the Health Minister stand up to the plate for us or the Ontario citizens regarding Mr Autorefractor although I have seen and read about her standing up to the plate defending her inactions on the ORNGE matter.

    I did not see our politicians do anything useful over the Robo Voting irregularities.

    Other election irregularities are swept under the table .

    I did not hear or experiencence any other outrage from other sources that should have been outraged , I witnessed soft peddling and a sales job .

    You know what ? I think I have thought about it .


    Tell me your version of what makes sense to you .
    Last edited by idispense; 04-25-2012 at 10:30 AM.

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    Let's see what happens if opticians and optometrists take a National Appreciate Your ECP Holiday Week :

    Intenet vendors have no Rx's and no PD's to assist them for a week ...their sales drop off.. Good

    Frame vendors who own internet vendors...their sales drop off ..... Good

    Lens companies who own internet vendors ..their sales drop off .... Good

    Certain others buy extra toilet paper ... the unimaginable just happened to them ... Good

    The public is not happy about no free PD's , no Free adjustments, no internet vendor adjustments or repairs .... Good

    The public is so unhappy they complain to the politicians about no free PD's . .... Good

    The politicians buy more toilet paper , the unimaginable just happened to them .... Good

    The newspapers have lots to report and find themselves doing free publicity for the optometrists and opticians ... Good

    Opticians and optometrists drink beer and holiday together while helping out the local economy in the Carribean where they are appreciated and made to feel welcome .... Good

    Opticians and optometrists realize they can take matters into their own hands and make it work right ... Good

    Labs and delivery services, frame companies and lens companies develop respect & rethink their marketing , they feeel the pinch ..... Good

    Yep I have thought about it .

    The bad news ? We also lose income while we vacation and the public thinks about our value to them and the services we provide in our brick and mortar stores with our equipment tools and experience. Personally , I am ready for a vacation.
    Last edited by idispense; 04-25-2012 at 07:54 PM.

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