(1) Ontario Superior Court of Justice The College of Opticians of Ontario -Applicant and Jack Winter Opticians and Jim Veitch - Respondents
Pursuant to the signed, issued and entered Order of The Honorable Madam Justice Kelly dated August 1, 2008:
1. This Court orders and declares that the Respondent, Jim Veitch, violated ss. 27(1) and 30(1) of the Regulated Health Professions Act, 1991 (“RHPA”) by performing a Controlled Act (as defined in the RHPA) in the course of providing health care services, and breached ss. 9(3) of the Opticianry Act 1991 by holding himself out as a person who is qualified to practice in Ontario as an optician or in a specialty of opticians.
2. This Court Orders that the Respondent, Jim Veitch, cease and desist performing a Controlled Act in the course of providing health care services as he is not registered as a member of the College and is not authorized to perform Controlled Acts; and cease and desist holding himself out as a person who is qualified to practice in Ontario as an optician or in a specialty of opticians, as he is not a member of the College of Opticians of Ontario.
3. This Court Orders And Declares that the Respondent Jack Winter Opticians, violated ss. 42(1) of the RHPA as it employed an individual who performed Controlled Acts (as defined in the RHPA) while not a registered member of the College.
4. This Court Orders that the Respondent, Jack Winter Opticians cease and desist
employing individuals who perform Controlled Acts while not registered persons, contrary to ss. 42(1) of the RHPA.5. The Court Orders that the costs be fixed and payable forthwith by the Respondent to the Applicant in the amount of $4,000.00.
(2) Ontario Superior Court of Justice The College of Opticians of Ontario - Applicant and Moda Optical and Sunglass Depot Ltd. (O/A Idol Optical) Tony Frisoli and Rosalie J. Bloye - Respondents
Pursuant to the signed, issued and entered Order of The Honorable Madam Justice Kelly dated August 13, 2008:
1. This Court orders that the Respondent, Moda Optical and Sunglass Depot Ltd.
(o/a Idol Optical) (“Idol Optical”), comply with ss. 42(1) of the Regulated Health
Professions Act, 1991, (“RHPA”), and not employ individuals who perform the
Controlled Act of dispensing, for vision or eye problems, subnormal vision devices,
contact lenses or eye glasses, if those individuals are not authorized regulated health professionals.2. This Court orders that the Respondent, Tony Frisoli, comply with ss. 42(2) of the RHPA and not employ individuals who perform the Controlled Act of dispensing, for vision or eye problems, subnormal vision devices, contact lenses or eye glasses, if those individuals are not authorized regulated health professionals.
These forward-looking Orders received from the Court best protect the College of Opticians of Ontario’s interest.
Any future breach of these Court Orders and of the RHPA would be contempt of the court, and the COO is in a good position to proceed if there is any such violation in the future.
On January 21, 2005 Optician C-1192, Mr. Bruce Bergez, the owner of the business Great Glasses, was convicted pursuant to the Regulated Health Professions Act of employing a person who, while acting in the scope of her employment and while providing healthcare services to a member of the public, performed the controlled act of dispensing eyeglasses without being a member authorized by a health profession Act to dispense. Mr. Bergez received a sentence of one year probation and a $4,200.00 fine.
On December 13, 2004, Mr. Vladimir Augustinovich and Mr. Leonid Rozenblat plead guilty to performing the controlled act of dispensing without being a registered member of the College of Opticians of Ontario. In accordance with a joint submission, the court sentenced a fine totaling $700 and one year probation. Eurostyle Optical pled guilty to charges of being the employer of the above two named individuals, who performed the controlled act of dispensing without being a registered member of the College of Opticians of Ontario. In accordance with a joint submission, the court sentenced Eurostyle Optical a fine totaling $1800.
On May 20, 2004, Cristall Opticians pled guilty to charges of being the employer of Anna Bravo and Luisa DiSalvo, who performed the controlled act of dispensing without being a registered member of the College of Opticians of Ontario, on May 20, 2004. In accordance with a joint submission, the court sentenced Cristall Opticians to one year probation and a fine of $17,000.00.
On April 5, 2004, Ms. Nita Laudano pled guilty to performing the controlled act of dispensing without being registered Member of the College of Opticians of Ontario. In accordance with a joint submission, the court sentenced a fine of $400.00.
& 3 for 1 Optical (Cambridge) Inc. pled guilty to charges of being the employer of the above named individual on April 5, 2004. In accordance with a joint submission, the court sentenced 3 for 1 Optical Inc. to a fine of $2,000.00.
On February 25, 2004, Mr. Jerry Rex pled guilty to performing the controlled act of dispensing without being a registered Member of the College of Opticians of Ontario. In accordance with a joint submission, the court sentenced one year probation and a fine of $600.00.
& 3 for 1 Optical (Stratford) Inc. pled guilty to charges of being the employer of the above named individual on February 25, 2004. In accordance with a joint submission, the court sentenced 3 for 1 Optical Inc. to a fine of $2,000.00.
On February 24, 2004, Mr. Anthony Wise pled guilty to performing the controlled act of dispensing without being a registered Member of the College of Opticians of Ontario. In accordance with a joint submission, the court sentenced one year probation and a fine of $500.00. Mr. Wise has since become a current Registered Optician with the College of Opticians and therefore the probation terms no longer apply.
& Wise Vision Centre Inc. pled guilty to charges of being the employer of the above named individual on February 24, 2004. In accordance with a joint submission, the court sentenced Wise Vision Centre Inc. to a fine of $2500.00.
On January 26, 2004, Ms. Amanda Lahouri pled guilty to performing the controlled act of dispensing without being a registered Member of the College of Opticians of Ontario. In accordance with a joint submission, the court sentenced one year probation and a fine of $500.
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