The College was joined by the College of Opticians of Ontario and the Attorney General of Ontario as intervenors.
The College’s motion called for all of the Great Glasses optical stores operated by Bruce Bergez or his wife, Joanne Marie Bergez, to be closed “immediately and permanently” or, alternatively, to appoint a receiver for the stores. In addition, the College’s motion was asking the Court to incarcerate Mr. Bergez for two years and Mrs. Bergez for one year.
The motion alleges that Mr. and Mrs. Bergez have failed to comply with earlier orders of the Superior Court. Specifically, Mr. and Mrs. Bergez are alleged to have illegally prescribed for vision or eye problems and to have illegally dispensed eyewear without a prescription from an optometrist or physician. In addition, it is alleged that signage warning the public that a prescription from an optometrist or physician is necessary for dispensing to occur had not been posted in the stores as required by the earlier order, and that the fines and costs awarded to the College in earlier actions have not been paid.
After hearing three days of submissions from all parties, Justice Turnbull released his decision on Friday, July 2, 2010. The decision appoints a receiver of the assets, undertakings and properties of Great Glasses, Bruce Bergez, Joanne Marie Bergez, SHS Optical Ltd. and Dundurn Optical Ltd. listed in a schedule to the decision. One of the tasks of the receiver is to remove EyeLogic equipment located in each store. The receiver will report back to the Court on August 23, 2010 regarding what he has found concerning the operation of Great Glasses.
In addition, Justice Turnbull found Mr. and Mrs. Bergez guilty of both civil and criminal contempt of court. Submissions from the Mr. and Mrs. Bergez concerning penalty on these convictions will be heard on August 23rd following the report from the receiver.
The College was awarded costs for this application.