The College has paid $180,075.88 from the College reserve fund for discipline hearing costs, legal fees, investigative costs, and disbursements in relation to various regulatory and court proceedings against Dr. Jerry MacKenzie since January 1, 2013 in furtherance of its role to protect the public. Those proceedings included a bifurcated discipline hearing in 2013 on liability and penalty, a bifurcated discipline hearing in 2015 on liability and penalty, an undercover investigation by CKR Global to gather evidence for an injunction application, a 2014 application to BC Supreme Court for an injunction to enjoin Dr. MacKenzie from engaging in the unauthorized practice of optometry following his suspension from practice in 2013, and a 2015 application to British Columbia Supreme Court for an application for a contempt order after Dr. Mackenzie failed to comply with the injunction, as well as responding to a judicial review application filed by Dr. Mackenzie in relation to one of the Discipline Committee decisions. The College has succeeded in each of the proceedings. In the second discipline hearing, the College obtained a ruling that Dr. Mackenzie is “ungovernable”. As a consequence, Dr. MacKenzie’s name has been removed from the register and he has been assessed fines and costs, payable to the College, totaling approximately $88,885.00 for the discipline hearings. The Court has also awarded the College special costs for the contempt application. Dr. MacKenzie has claimed penury and it appears that he is unlikely to honour is debt to the College in the foreseeable future.
At the December 7, 2015 board meeting, the Board of the College resolved, by special resolution in accordance with section 136 of the Bylaws of the College, to assesses a special levy of $250.00 per registrant for all classes of registrant currently registered as of December 1, 2015, (716 registrants) such levy to be paid to the College no later than March 31, 2016.