College of Opticains Ontario sues Essilor

[Golfnorth]

Dear member,

Earlier today, the College, in partnership with the College of Optometrists of Ontario, initiated a legal proceeding against Essilor Group of Canada Inc./Clearly.


We have taken this step as Essilor Group of Canada Inc., which operates the website www.clearly.ca and the Clearly online dispensing business, that it is doing so in violation of Ontario laws. In the absence of a satisfactory response from the company we have decided to turn to the courts and are seeking an injunction that would prohibit them from dispensing prescription eyewear to the public in Ontario without following Ontario legislation.


As healthcare professionals we all understand the importance of dispensing eyewear by an authorized, regulated health professional.


The College has the legislated duty to protect the public interest. While our position all along has been to embrace advances in technology including the internet, it's our view this cannot happen without regard for Ontario legislation.


If you are approached or contacted by a member of the media seeking information about the proceedings, please direct them to my office and my contact information below.


The health of our patients should always come first. This requires that we're all held to the same high standards.


Sincerely,

Fazal Khan, BA, RO
Registrar
416-368-3616 (Ext. 210)
fkhan@coptont.org


Encl. Frequently Asked Questions
Press Release

[jc17777]

was just about to post this in the canadian forum lol

[Golfnorth]

was just about to post this in the canadian forum lol

You snooze you lose! lol

[jc17777]

Surprised they went this route considering the other lawsuit they are invloved in(cant remember the opticians name that is suing them)

[Chris Ryser]

Earlier today, the College, in partnership with the College of Optometrists of Ontario, initiated a legal proceeding against Essilor Group of Canada Inc./Clearly.

In Quebec they did the same thing and lost. Will be interesting to watch.

Also it will cost a lot of money, which the membership has to pay.

[jc17777]

In Quebec they did the same thing and lost. Will be interesting to watch.

Also it will cost a lot of money, which the membership has to pay.

Im hoping thats not the case. Our membership fees in ontario are already way to high as it is

[Golfnorth]

In Quebec they did the same thing and lost. Will be interesting to watch.

Also it will cost a lot of money, which the membership has to pay.

Are you able to post any information regarding the above Chris?

Regards,
Golfnorth

[Chris Ryser]

Im hoping thats not the case. Our membership fees in ontario are already way to high as it is

Clearly, or Coastal as it was before, exist's already for about 10 years and was only sold to Essilor a few years back.

They were a lot more aggressive then, than they are now in the way of advertising and behavior.

In my book, Essilor is an organization that studies every move they make and its legalities involved doing so. If the opticians association is suing because of protection of health laws, why did they have to wait 10 years of doing so ?

Why did they not try to stop online Rx glasses from being sold online at a much earlier date ? Why do they want to protect Canadian health laws damaged by millions of glasses sold over all these years ? What are the actual damages done to anybodies health so far ?

This is no more a unique case as it used to be, online retail opticals exist today in every heavily populated country and continent and are flourishing, and the most successful ones are owned by the two largest worldwide optical corporations.

[Chris Ryser]

Are you able to post any information regarding the above Chris?

I remember that I have posted this on the Canadian Forum last summer, a few months back.

Look in the search features of OptiBord and you should find it.

[Chris Ryser]

Press release converted but not corrected from PDF format:



College of Optometrists, and College of Opticians, both of the Province of Ontario


Press Release:

Unregulated Internet-based Dispensing of Eyewear Prompts the College of Opticians of Ontario and the College of Optometrists of Ontario to Seek an Injunction against Essilor Group of Canada lnc./Clearly


TORONTO, ONTARIO ( Marketwired - December 14, 2016)

- In a move to protect Ontario patients, the College of Opticians of Ontario and the College of Optometrists of Ontario have turned to the courts, seeking an injunction that would prohibit Clearly, owned by Essilor Group of Canada Inc. from dispensing prescription eyeglasses and contact lenses online to the Ontario public, without following Ontario legislation.

The College of Opticians of Ontario, and the College of Optometrists of Ontario regulate the practice of opticianry a nd optometry in Ontario. In Ontario, dispensing prescription eyewear is a controlled act. Dispensing includes the preparation, adaptation and delivery of prescription eyewear.

It is illegal for anyone other than an optician, optometrist or physician to dispense prescription eyewear to an Ontario patient except under appropriate supervision or delegation.
As regulatory bodies the Colleges have a responsibility to serve and to protect the public interest. This responsibility includes ensuring that Ontarians are only dispensed their corrective eyewear by an authorized, regulated health professional, which is based on a valid prescription.

The Colleges have the power under s. 87 of the Health Professions Procedural Code to apply to a judge of the Ontario Superior Court to bring an injunction to stop any individual, or organization from dispensing in a manner that violates Ontario law.

Advances in technology are enabling healthcare providers to offer services that are more accessible and convenient. It is now possible to use the internet to lawfully dispense eyewear to patients in Ontario. Health professionals can follow the updated standards of practice and protocols developed by the Colleges on use of the internet to enable an authorized practitioner to validate and dispense the patient's prescription eyewear safely.

"Patient choice and convenience is important, but this can't come at the expense of patient safety" says Or. Paula Garshowitz, Registrar of the Co lege of Optometrists of Ontario. "This action isn't a bout stopping on line dispensing. This is about ensuring that Ontarians have full protection under Ontario laws.

Improperly fitted glasses can lead to eyestrain, double vision and headaches. Improperly fitted contact lenses pose an even greater risk and can cause sight-threatening injury such as corneal ulcers and infection.

"At the end of the day, our respective Colleges have a duty to serve and protect the public interest," says Faza l K han, Registrar of the College of Opticians of Ontario. "That means ensuring the highest standard of vision care for Ontario patients, regardless of where or how they purchase their eyewear."

[Chris Ryser]

Comments to above post:

Why now in 2016 when Clearly, the former Coastal has been selling glasses on line for over 10 years.

Where are all the complaints and damaged eyes over this time period as per :

Improperly fitted glasses can lead to eyestrain, double vision and headaches. Improperly fitted contact lenses pose an even greater risk and can cause sight-threatening injury such as corneal ulcers and infection.

There is not one case mentioned in all these years, nor any complaint. How will they be able to enforce a law that there is not one case mentioned, in a over 10 year period of selling glasses to the public ?

The glasses were not even produced in Ontario, but in a Province that has no more such laws.

[Lab Insight]

In Quebec they did the same thing and lost. Will be interesting to watch.

Also it will cost a lot of money, which the membership has to pay.

You're exactly right Chris. All Essilor has to do in this case is tie up the Colleges as long they can in court. The Colleges are on a very tight membership paid budget for this, while as we all know Essilor's coffers are always full.

In my opinion, the Colleges should have tackled this battle 10 years ago well before the acquisition. A judge will simply ask them why they waited so long to proceed with the suit.

I find the timing rather ironic as only a few days before a group of Ontario opticians filed a class action against Essilor. Perhaps its a coordinated joint attack. IMHO, this won't hurt Essilor one bit...we can certainly live without the Colleges and their politics, but can't survive without their lens supply.

The humorous part will be to watch how Hoya Canada snivels in, puts on their lipstick and desperately spins this into another 'Friendo of the ECP' campaign.

[Chris Ryser]

You're exactly right Chris. All Essilor has to do in this case is tie up the Colleges as long they can in court. The Colleges are on a very tight membership paid budget for this, while as we all know Essilor's coffers are always full.

In my opinion, the Colleges should have tackled this battle 10 years ago well before the acquisition. A judge will simply ask them why they waited so long to proceed with the suit.

This will eventually lead to another deregulation of the optical retail trade in Ontario. Is it not nice to have an OptiBoard where the latest news can be discussed without delay the same or next day.

That will make British Columbia and the other 2 most populated Provinces, Quebec and Ontario a free for all in the optical retail trade with the rest of Canada just following automatically in due time.

[Golfnorth]

Comments to above post:

Why now in 2016 when Clearly, the former Coastal has been selling glasses on line for over 10 years.

Where are all the complaints and damaged eyes over this time period as per :

Improperly fitted glasses can lead to eyestrain, double vision and headaches. Improperly fitted contact lenses pose an even greater risk and can cause sight-threatening injury such as corneal ulcers and infection.

There is not one case mentioned in all these years, nor any complaint. How will they be able to enforce a law that there is not one case mentioned, in a over 10 year period of selling glasses to the public ?

The glasses were not even produced in Ontario, but in a Province that has no more such laws.

Chris;

Sorry that the two Colleges haven't laid out their whole legal strategy for all to see but wouldn't any complaints come out in trial or at the very least in disclosure to the party that is being sued? I remember that about 10 years or so ago that there was a big push to get opticians licensed to refract. When the Ministry of Health asked the College of Opticians how many schools were teaching refracting and how many students were there, they had to reply ZERO. Hmmmmm......perhaps the two Colleges have been documenting the cases of improperly filled internet glasses over the past years and will present at the appropriate time during legal proceedings? Just a thought.

Regards,
Golfnorth

[Browman]

So, the Colleges have some sort of self-destruction fantasy, I presume? That's the only logic I can see behind this. That, or it's confirmation that they've officially moved into the realm of un-reality.

[Golfnorth]

You're exactly right Chris. All Essilor has to do in this case is tie up the Colleges as long they can in court. The Colleges are on a very tight membership paid budget for this, while as we all know Essilor's coffers are always full.

In my opinion, the Colleges should have tackled this battle 10 years ago well before the acquisition. A judge will simply ask them why they waited so long to proceed with the suit.

I find the timing rather ironic as only a few days before a group of Ontario opticians filed a class action against Essilor. Perhaps its a coordinated joint attack. IMHO, this won't hurt Essilor one bit...we can certainly live without the Colleges and their politics, but can't survive without their lens supply.

The humorous part will be to watch how Hoya Canada snivels in, puts on their lipstick and desperately spins this into another 'Friendo of the ECP' campaign.

Agreed.....Hoya Canada is a sniveler.

[Chris Ryser]

Chris;

Sorry that the two Colleges haven't laid out their whole legal strategy for all to see but wouldn't any complaints come out in trial or at the very least in disclosure to the party that is being sued?

I just don't see that they are suing a company that is out of the Province, in a non regulated area, Is selling their manufactured products into a government protected field that stipulates only opticians can fit those products.

They have done so for over 10 years without any complaints nor action to protect the public against looking through the newly purchased glasses, by the optical association representatives.

I am no lawyer but just with plain plain logic this makes no case.

[iopt]

The Ontario College of Opticians and the College of Optometrists filed a legal proceeding against Clearly requesting that the court determine the legality of online sales of contact lenses and eyeglasses in Ontario. Essilor Group in Canada respects the decision of the Colleges to seek the court’s opinion regarding the role of optical e-commerce in Ontario.
As a global leader, Essilor has over 170 years of unparalleled commitment to supporting the highest level of product innovation, safety and consumer satisfaction. Essilor’s long term sustainable approach to business means that the Essilor Group is fully committed to complying with laws, regulations and requirements in all the countries where it operates.
With the advent of technology and the consumer’s evolving needs, alternate channels are fast-emerging. It is of key importance for Essilor to continue to work hand-in-hand with its eye care professionals, while also addressing the consumer’s new buying preferences, in order to provide access to the best quality of eyecare for all Canadian consumers. Essilor in Canada will continue to strongly support the independent eye care professional in their efforts to serve Canadians in both traditional and e-commerce channels.

[Chris Ryser]

Essilor in Canada will continue to strongly support the independent eye care professional in their efforts to serve Canadians in both traditional and e-commerce channels.

Very nicely written post ...........................

Here is a question:

How will Essilor strongly support independent eyecare professionals while hammering big time advertising on the Web and other reading means, that they are selling on-line the same or similar products, at prices that are way below the same items sold in conventional retail stores ?

Thank you in advance for your response.

[Chris Ryser]

If Essilor cares that much about their basic original market, why are they operating at this stage, over 15 top ranking websites, and ever increasing, on a worldwide basis, selling rock bottom priced prescription eyewear directly to consumers, at increasing speed.

You can see the activities on my optical website
listing that lists over 960 optical websites. The online opticals are listed second to last at the bottom of the page and have been renewed and updated as of today.

See at : =============>
http://optochemicals.com/web_listing.htm

[tmorse]

The Ontario College of Opticians and the College of Optometrists filed a legal proceeding against Clearly requesting that the court determine the legality of online sales of contact lenses and eyeglasses in Ontario.

I would like to see the COO’s filed action, but my guess it is by way of ‘Stated Case’. If so, it will not entail many years of legal maneuvering and the answer should come in at reasonable legal costs.
I do not believe Essilor will lose, but the COO will have stifled its many critics that it has done nothing in this area of Internet conflict.

[Chris Ryser]

I do not believe Essilor will lose, but the COO will have stifled its many critics that it has done nothing in this area of Internet conflict.

Of course Essilor will not loose, as they have won the Quebec case, where the one Quebec based online optical has been financed at least partially by the Quebec government.

see: ==========>
http://bonlook.com

[tmorse]

Of course Essilor will not loose, as they have won the Quebec case, where the one Quebec based online optical has been financed at least partially by the Quebec government.

see: ==========>
http://bonlook.com

My point was that this legal challenge by COO is quite astute, as the COO critics can no longer claim that COO has done nil about Internet dispensing in Ontario and the Ontario College of Optometry will pay 1/2 of the legal expenses. It's a WIN-WIN for COO, no matter which way the case goes.

[Chris Ryser]

My point was that this legal challenge by COO is quite astute, as the COO critics can no longer claim that COO has done nil about Internet dispensing in Ontario and the Ontario College of Optometry will pay 1/2 of the legal expenses. It's a WIN-WIN for COO, no matter which way the case goes.

Good point all the way.................they still let it slide for 10 years. There were warning posts already right here on OptiBoard just about at the beginning of the 10 year period, but nobody cared.

[djal]

I have been telling Hoya for a while now that if they want to appeal to Essilor customers and lure them in their camp they have to be INNOVATIVE with their products and have more SELECTION to offer... It is a shame that Hoya USA/Canada can't offer all of what Hoya Japan offers to Japanese... When they don't even know in North America what PRODUCTS Hoya Japan makes, there is a definite problem... as an example Hoya Japan offers an AR with Anti-Static and with an UV blocker for UV light reflected from the back surface of the lens(like Essilor). One other great product they have is a Suntech Misty... 4 cosmetic photochromatic tints but one of them being grey 1/2 of regular transition...Sad to say but it is not a top class act company we have here IMO; how can you compete with big E this way... Have a look for yourself... Hoya Japan site is a great "teaser" and let us know what we "COULD" get here! https://www.vc.hoya.co.jp/ Darn is Hoya missing the boat or what!