Summary

38669

College of Optometrists of Ontario, et al. v. Essilor Group Canada Inc.

(Ontario) (Civil) (By Leave)

Keywords

Constitutional law — Extraterritorial limitation on provincial legislation — Retailer sells eyeglasses and contact lenses on line, fills orders in British Columbia, and delivers eyeglasses and contact lenses to customers in Ontario — Professional regulatory bodies in Ontario seek declaration sufficient connection exists to apply Ontario legislation governing dispensing of contact lenses and eye glasses — Whether formulation and application of sufficient connection test should be modified in cases of online commerce?

Summary

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Essilor Group Canada Inc. sells contact lenses and eyeglasses online. Its online business is based in British Columbia. Ontario residents placed orders online. Essilor filled those orders in British Columbia and shipped eyeglasses and contact lenses into Ontario to those customers. The College of Optometrists of Ontario and the College of Opticians of Ontario applied for a declaration that Essilor’s delivery of eyeglasses and contact lenses to customers in Ontario is “dispensing” and therefore a controlled act under s. 27 of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18. Section 27 regulates performance of controlled acts in Ontario and makes dispensing contact lenses or eye glasses a controlled act. The Colleges sought an injunction against Essilor. The application judge granted the declaration and an injunction. The Court of Appeal allowed an appeal.

Lower Court Rulings

January 11, 2018
Ontario Superior Court of Justice

2018 ONSC 206, CV-16-565917
Declaration and injunction granted
April 4, 2019
Court of Appeal for Ontario

2019 ONCA 265, C64845
Appeal allowed