Dorman, Re, (1981) 12 Man.R.(2d) 225 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: July 10, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 12 Man.R.(2d) 225 (CoCt)

Dorman, Re (1981), 12 Man.R.(2d) 225 (CoCt)

MLB headnote and full text

Re Dorman

Indexed As: Dorman, Re

Manitoba County Court

Jewers, C.C.J.

July 10, 1981.

Summary:

A licensed ophthalmic dispenser appealed a finding of professional misconduct by the Council of Ophthalmic Dispensers of Manitoba.

The Manitoba County Court allowed the appeal.

Professional Occupations - Topic 4844

Opticians - Misconduct - What constitutes - The Manitoba County Court held that a licensed ophthalmic dispenser, who operated two dispensing businesses at the same time with himself as the only licensed person on both premises, was not guilty of professional misconduct, in the absence of any directive, under the Ophthalmic Dispensers Act, R.S.M. 1970, c. O-60, or by the Ophthalmic Dispensers Council or its by-laws, about the proper ratio of licensed to unlicensed personnel - See paragraphs 11 to 20.

Statutes Noticed:

Ophthalmic Dispensers Act, R.S.M. 1970, c. O-60, sect. 18 [para. 5].

Counsel:

J. Scurfield, for The Council of Ophthalmic Dispensers of Manitoba;

I.L. Berman, for Ronald K. Dorman.

This appeal was heard before JEWERS, C.C.J., of the Manitoba County Court. The decision of JEWERS, C.C.J., was delivered on July 10, 1981: