British Columbia Assoc. of Optometrists v. Clearbrook Optical

British Columbia Assoc. of Optometrists v. Clearbrook Optical

The Association lacks standing to seek injunctive relief because the Optometrists Act is a public interest statute silent as to private injunctive enforcement; the general rule that only the Attorney General may seek injunctions for breaches of such statutes applies, s.4 of the Attorney General Act's narrow exception does not assist, investigatory powers do not imply enforcement authority, and Morgentaler is distinguishable as it concerned enforcement against members.

Citation
2000 BCCA 296
Parties
Plaintiff/appellant: The British Columbia Association of Optometrists; Defendant/respondent: Clearbrook Optical Ltd.; Defendant/respondent: United Optical; Defendant/respondent: Robert Brown Moss Jr.; Intervenor: Eyelogic Systems Inc.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
8 May 2000
Procedural Posture
Civil Appeal (interlocutory Injunction) / Appeal From Dismissal for Lack of Standing in Supreme Court of British Columbia
Outcome
appeal dismissed
Legal Topics
Standing, Public Interest, Injunctive Relief, Statutory Interpretation, Search and Seizure Powers, Delegation of Enforcement Powers
Source Language
English
Administrative Law Health Law Professional Regulation Civil Procedure Standing Public Interest Injunctive Relief Statutory Interpretation +2 more

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Parties

The British Columbia Association of Optometrists

Plaintiff/appellant

Clearbrook Optical Ltd.

Defendant/respondent

United Optical

Defendant/respondent

Robert Brown Moss Jr.

Defendant/respondent

Eyelogic Systems Inc.

Intervenor

Procedural Posture

Civil Appeal (interlocutory Injunction) / Appeal From Dismissal for Lack of Standing in Supreme Court of British Columbia

Legal Issues

  1. 1 Whether the British Columbia Association of Optometrists has standing to seek an interlocutory injunction to restrain non-members from providing sight tests under the Optometrists Act
  2. 2 Whether the Optometrists Act implicitly grants the Association power to obtain injunctive relief or whether only the Attorney General may seek such relief
  3. 3 Whether investigatory/search and seizure powers in the Act imply enforcement authority to commence civil injunction proceedings

Ratio Decidendi

The Association lacks standing to seek injunctive relief because the Optometrists Act is a public interest statute silent as to private injunctive enforcement; the general rule that only the Attorney General may seek injunctions for breaches of such statutes applies, s.4 of the Attorney General Act's narrow exception does not assist, investigatory powers do not imply enforcement authority, and Morgentaler is distinguishable as it concerned enforcement against members.

Court Disposition

appeal dismissed

Orders

  • Respondents awarded their costs of the appeal
  • No order as to costs of the intervenor