Ontario Superior Court Grants Injunction Against Essilor/Clearly

On January 11, 2018, the Ontario Superior court granted an injunction preventing Essilor/Clearly from dispensing prescription eyewear over the internet. The application for an injuncation against Essilor/Clearly was filed jointly by the College of Optometrists of Ontario and the College of Opticians of Ontario in December, 2016, and the matter was heard in October of 2017. Justice Lederer delivered his decision in favour of the regulatory colleges.

The colleges state, that “They are pleased that the court has agreed with their position on the questions they brought forward. The two colleges are motivated by, and required by legislation to maintain, patient safety and the public interest.”

According to the College of Optometry, “The dispensing of corrective lenses is a controlled act, subject to Ontario legislation, that definitively requires a regulated health professional’s involvement. Mail order over the internet without the involvement of an optometrist or optician is inconsistent with legislation. The colleges do not have any bias in the dispensing of corrective lenses, or where those lenses are dispensed, as long as legislation and regulations are respected and standards are met.”

For their part, Clearly has said they are appealing the decision, and plan to continue doing business in Ontario while the appeals process is ongoing.

Read the decision by the Ontario Superior Court here.

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