Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38669
College of Optometrists of Ontario, et al. v. Essilor Group Canada Inc.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-10-18 | Close file on Leave | |
| 2019-10-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-10-18 | Judgment on leave sent to the parties | |
| 2019-10-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C64845, 2019 ONCA 265, dated April 4, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2019-09-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-08-16 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-08-16 | College of Optometrists of Ontario |
| 2019-08-06 | Notice of name, (Letter Form) | Essilor Group Canada Inc. |
| 2019-08-06 | Certificate (on limitations to public access), (Letter Form) | Essilor Group Canada Inc. |
| 2019-08-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-08-06 | Essilor Group Canada Inc. |
| 2019-06-06 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 06/06/19 | |
| 2019-06-03 | Certificate (on limitations to public access), (Letter Form) | College of Optometrists of Ontario |
| 2019-06-03 | Notice of name, (Letter Form) | College of Optometrists of Ontario |
| 2019-06-03 | Application for leave to appeal, (Book Form), Completed on: 2019-06-03 | College of Optometrists of Ontario |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| College of Optometrists of Ontario | Applicant | Active |
| College of Opticians of Ontario | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Essilor Group Canada Inc. | Respondent | Active |
Counsel
Party: College of Optometrists of Ontario
Counsel
Andrew Lokan
Jean-Claude Killey
Daniel Rosenbluth
155 Wellington Street West
35th floor
Toronto, Ontario
M5V 1H1
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: linda.rothstein@paliareroland.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: College of Opticians of Ontario
Counsel
Andrew Lokan
Jean-Claude Killey
Daniel Rosenbluth
155 Wellington Street West
35th floor
Toronto, Ontario
M5V 1H1
Telephone: (416) 646-4300
FAX: (416) 646-4301
Email: linda.rothstein@paliareroland.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Essilor Group Canada Inc.
Counsel
Philip Underwood
145 King Street West
Suite 2750
Toronto, Ontario
M5H 1J8
Telephone: (416) 598-1744
FAX: (416) 598-3730
Email: jlisus@lolg.ca
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 691-0368
FAX: (613) 688-0271
Email: dtaylor@conway.pro
Summary
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
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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
Ontario Superior Court of Justice
2018 ONSC 206, CV-16-565917
Declaration and injunction granted
Court of Appeal for Ontario
2019 ONCA 265, C64845
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available