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Thread: Essilor/Clearly Injunction Update

  1. #51
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    The judge had reasons and precedent for both his judgement and his advice to the Colleges and cited real life examples.

  2. #52
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    Quote Originally Posted by idispense View Post
    The judge had reasons and precedent for both his judgement and his advice to the Colleges and cited real life examples.
    Yes, but no judge has the authority to rule and enforce his/her decision in multiple jurisdictions to effectively cease both the manufacturing and sales via the web.

  3. #53
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    Blue Jumper The largest supporter of optical and optometry Colleges .............................

    Quote Originally Posted by idispense View Post

    The judge had reasons and precedent for both his judgement and his
    advice to the Colleges and cited real life examples.

    The largest supporter of optical and optometry Colleges over the last many years has been Essilor in North America.

    The largest block of online opticals will be the Essilux owned ones after the official merger.

    Do we really expect the Colleges to be on the side of the individual retailers ?

    Should we really be dreaming in color or use blue blocking lenses ?
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  4. #54
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    You mean they've bought just about everyone off?

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  6. #56
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    Blue Jumper This article talks about Google blocking ads .............................

    Quote Originally Posted by idispense View Post

    This article claims that blocking can work and it’s been done before.


    This article talks about Google blocking ads of illegal pharmacies and drugs in 2013..........we are now in 2018 and the web has changed a lot since then, so has the optical business with the online companies.
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  7. #57
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    The article speaks of blocking millions of illegal ads. There are not millions of online eyeglass vendors.

    The article speaks of a decline of 99 % of illegal pharmacy ads.

    The article speaks of a 500 million dollar fine.

    What are the Colleges each seeking in penalty,fines, damages and legal costs on behalf of their memberships and to protect the public in the future ?

    How will the Colleges use those damage payments to reimburse their membership for the costs and damages they have each individually suffered ?

    The judges ruling is current year. All legal precedents are predicated in the past, and define and shape the future.

  8. #58
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    Blue Jumper Big E has officially supported the Colleges in Canada ..............................

    Quote Originally Posted by idespense

    What are the Colleges each seeking in penalty,fines, damages and legal costs on behalf of their memberships and to protect the public in the future ?

    Big E has officially supported the Colleges in Canada for sure many years, by helping their financing problems, and I bet just about all the tea in China, that they will not take the legal channel against them.
    Chris Ryser
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    Quote Originally Posted by Chris Ryser View Post
    Big E has officially supported the Colleges in Canada for sure many years, by helping their financing problems, and I bet just about all the tea in China, that they will not take the legal channel against them.
    The Colleges have no choice but to wag the dog so it appears like they are actually doing something for their members. At the same time, they will never bite the hand that feeds them. And believe me, they have been fed well over the years by Essilor and other companies.

  10. #60
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    Redhot Jumper to protect the public in the future ? ..................................

    Quote Originally Posted by idispense View Post

    What are the Colleges each seeking in penalty,fines, damages and legal costs on behalf of their memberships and to protect the public in the future ?


    Essilor has purchased Clearly already 4 years back and nobody has started any action against the fact, I have heard of. Essilor has since then acquired quite an assortment of other online optical retailers world wide.

    In a few month there will be completion of the merger with Lux, after all hurdles have been overcome at this date.

    You will have to live with the most powerful optical corporation that has ever existed, and it has the benediction
    of all governments involved in that merger.

    Not bad for a company that started in Montreal Canada by choosing 4 or 5 optometrist to form a wholesale company to represent them in Canada, with the local American Optical lab-manager as their director. However it only lasted about 3-4 years until they went bankrupt and Essilor stepped in and took them over.
    Chris Ryser
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  11. #61
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    Blue Jumper College of Opticians in partnership with the College of Optometrists of Ontario......

    News From the College



    Legal Update

    Essilor has appealed the January 11, 2018 decision of Justice Lederer which ordered that it may not dispense prescription eyewear in Ontario unless the dispensing is performed by an optometrist, optician or physician who is licenced to practice in Ontario. The appeal is scheduled to be heard in May, 2018. Last week, the Court of Appeal granted Essilor's request to stay Justice Lederer's order until the appeal is determined. This means that Essilor can continue their "business as usual" until its appeal is heard and decided. If the appeal is dismissed, Justice Lederer's order will go into effect.

    In an effort to protect Ontario patients, the College of Opticians in partnership with the College of Optometrists of Ontario initiated a legal proceeding against Essilor Group of Canada Inc./Clearly. Essilor is the company that owns and operates the online entity Clearly. The Colleges were concerned that Essilor/Clearly have been dispensing prescription eyewear via their website to patients in Ontario without the direct involvement of an optician, optometrist, or physician who is licensed to practice in Ontario. This is a violation of provincial law.
    The College of Opticiansand the College of Optometrists jointlyfiled an application in December of 2016 and the matter was heard October 11,2017. Justice Lederer delivered his decision on January 11, 2018 in favorof the two regulatory colleges.

    Althoughthe Colleges are still reviewing the decision in detail, they are pleased thatthe court has agreed with the position of the two Colleges on the questions webrought forward. The two Colleges are motivated by and required by legislationto maintain patient safety and to act in the public interest.

    The role of the Colleges is to regulate the practice ofoptometry and opticianry in order to maintain and enhance public safety. The Colleges support increased access to care for the patient, whether it bevia the internet or any other method that as long as legislation andregulations are respected, and standards are met ensuring patient safety.


    The Colleges support increased access to care for the patient, whether it bevia the internet or any other method that as long as legislation andregulations are respected, and standards are met ensuring patient safety.


    view the court findings (PDF):

    http://www.coptont.org/docs/Discipli...Jan11-2018.pdf






    Chris Ryser
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  12. #62
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    Redhot Jumper

    Quote Originally Posted by idispense View Post

    Did the transcript testimony admit to 700,000 pairs of eyewear being sold in Ontario since 2008 or is that incorrect ? If it's correct that's a lot of coin let taken on top of legal costs.


    .................we better start believing these figures and take some action on it. It is time to stop downplaying these figures as it has been done for the last 10 years.

    Opticians have always taken a very generous markup factor for frames and lenses, and with a good reason.

    There was always lens breakage, especially in times of glass lenses, as well as plastic frames burning up when heating them over a bunsen burner.

    These days, when there is only a select part of all opticians, that are doing their own cut and grind in their own in house lab, and the rest is outsourcing the lab work, which elevates the price of finishing optical prescritions.

    The big merger is going to happen at the end of June at which time the Essilux will own the biggest block of online optical companies with an additional minimum of 5,000 LensCrafter stores to service them, to start with.
    Chris Ryser
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    http://optochemicals.com............................. http://arcoatings.com

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    Blue Jumper

    So said the judge:


    The Court engaged in a fascinating discussion of the location of events over the internet. It cited authorities viewing such interactions as occurring “both here and there”. The Court concluded that where the order was placed by an individual in Ontario and the eyewear was received in Ontario, presumably to be used in Ontario, there was a sufficient connection to Ontario. “To find otherwise would mean the eyeglasses are provided without obligation to adhere to Ontario regulation.”

    The Court was also not swayed by the fact that ordering lenses and eyeglasses online was permitted in British Columbia;
    such a change in the law in Ontario should be done by the legislature, not the courts.

    source:
    http://acao.ca/notice-esslior-court-case

    Chris Ryser
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    Redhot Jumper Seven times more Quebecers to consider buying their eyewear online ……………

    ..........and here comes Quebec


    Seven times more Quebecers to consider buying their eyewear online ……………

    NEWS PROVIDED BY Clearly
    Apr 11, 2018, 06:00 ET

    MONTRÉAL, April 11, 2018 /CNW Telbec/- The number of Quebecers who plan to purchase glasses or contact lenses online will grow exponentially in the next two years, according to a new survey conducted by Leger on behalf of Clearly (clearly.ca), the leading Canadian Online optical retailer. Seven per cent of online shoppers (consumers who make purchase online), who need vision correction, currently buy their glasses or contact lenses on the web. This percentage is expected to rise to 50% within the next two years and see seven times more Quebecers consider purchasing eyewear products online.

    While most Quebec online shoppers have never experienced buying glasses or contact lenses online (83%),the majority of those who have tried are satisfied (75%). Consumers who purchase their vision products online mainly appreciate the low prices (74%),promotions offered (31%) and convenience of the buying process (28%).Interestingly, Quebecers aged 18 to 34 give priority to price (65%) and style(41%) when choosing their glasses, whereas the majority of those aged 55 andover, believe quality of service is the most important factor (54%).


    "The data shows that online eyewear in Quebec is an important market to be explored," said Arnaud Bussières, General Manager of Clearly. "As a Canadian leader in the field, we are certain that our quality products at competitive prices, our impeccable customer service and our mission to offer better vision for all will convince Quebecers That purchasing glasses and contact lenses online is a win-win for them."


    See all of it:
    https://www.newswire.ca/news-release...679366583.html
    Chris Ryser
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  15. #65
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    >Seven per cent of online shoppers (consumers who make purchase online), who need vision correction, currently buy their glasses or contact lenses on the web. This percentage is expected to rise to 50% within the next two years and see seven times more Quebecers consider purchasing eyewear products online.

    Does the article explain why online purchase of glasses is supposed to increase by 7 times in the next two years? If true, that's obviously going to be groundbreaking for the current market. But what is their supposed rationale for this increase? An increase from 7% to 50% in two years, for a product/service that has been around a number of years already, is quite the prediction to make.

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    Critical Mass

  17. #67
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    Quote Originally Posted by optio View Post
    >Seven per cent of online shoppers (consumers who make purchase online), who need vision correction, currently buy their glasses or contact lenses on the web. This percentage is expected to rise to 50% within the next two years and see seven times more Quebecers consider purchasing eyewear products online.

    Does the article explain why online purchase of glasses is supposed to increase by 7 times in the next two years? If true, that's obviously going to be groundbreaking for the current market. But what is their supposed rationale for this increase? An increase from 7% to 50% in two years, for a product/service that has been around a number of years already, is quite the prediction to make.
    It won't, that's an impossible feat. Not even they can achieve growth of that stature that quickly. I predict 15% max within 2 years, which is double of today.

  18. #68
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    The uncertainties, the fear, the self made pd measurements,and after market service, will all be solved. Then with critical mass the growth will follow.

  19. #69
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    Blue Jumper It is only logical to assume, .........................

    Quote Originally Posted by optio View Post


    Does the article explain why online purchase of glasses is supposed to increase by 7 times in the next two years? If true, that's obviously going to be groundbreaking for the current market. But what is their supposed rationale for this increase? An increase from 7% to 50% in two years, for a product/service that has been around a number of years already, is quite the prediction to make.

    You have to take into account that Clearly is owned by Essilor which will own after the marriage with Luxottica about 35% of all the online opticals.

    They will also control some 10,000 optical retail stores and chains together, and more in the coming.

    As per post's right here on OptiBoard the LensCrafter stores are discontinuing their individual service labs already for a while.

    It is only logical to assume, that all these stores will also act as service stations for eyeglasses sold by Essilux owned online opticals.
    Chris Ryser
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    http://optochemicals.com............................. http://arcoatings.com

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