Superior Court Order requiring Antoinette Gail Freeman and 1301137 Ontario Inc. o/a TAKE II and TAKE II CONSULTANTS to comply with the Superintendent’s Permanent Cease and Desist Order

​Court File No.: CV-15-543404

 

ONTARIO
SUPERIOR COURT OF JUSTICE
THE HONOURABLE                       )           THIS THURSDAY, THE 1st DAY
JUSTICE MATHESON                    )           OF JUNE, 2016
 

Between:

Superintendent of Financial Services
Applicant

 

and
Antoinette Gail Freeman and 1301137 Ontario Inc. o/a Take II and Take II Consultants
Respondents

 

Order

 
THIS APPLICATION, made by the Applicant, the Superintendent of Financial Services, under section 448 of the Insurance Act and Rule 14.05(2) of the Rules of Civil Procedure for an Order:
 
  1. requiring Antoinette Gail Freeman and 1301137 Ontario Inc. o/a TAKE II and TAKE II Consultants to comply with the Cease and Desist Order issued on April 13, 2005 by the Superintendent of Financial Services, effective immediately, pursuant to section 448 of the Insurance Act, R.S.O 1990, c.I.8;
  2. authorizing service of the Notice of Application and Notice of Return of Application as contained in the Application Record on the Respondent, Antoinette Gail Freeman, as her last known address of address 17 Connorvale Ave, Toronto, ON M8W 3Z9, by regular mail, with such service deemed to be effective as of 5th day following the mailing of this Application Record;
  3. authorizing service of this Notice of Application and Notice of Return of Application as contained in the Application Record on the Respondent, 1301137 ONTARIO INC., o/a TAKE II and TAKE II CONSULTANTS, as its last known address 17 Connorvale Ave, Toronto, ON M8W 3Z9 with such service deemed to be effective as of 5th day following the mailing of this Application Record;
  4. directing Antoinette Gail Freeman and 1301137 Ontario Inc. o/a TAKE II and TAKE II Consultants to cease and refrain from:
    1. holding themselves out as an insurance agent or consultant;
    2. using the name “TAKE II Insurance” and any other business name containing the word “insurance” or “assurance”;
    3. soliciting insurance on behalf of an insurer or on behalf of the Facility Association under the Compulsory Automobile Insurance Act, R.S.O. 1990, Chapter C.25;
    4. engaging in any form of advertisement, advice, solicitation or negotiation relating to the sale of insurance to the public; and
    5. transmitting for a person other than herself or itself, an application for or a policy of insurance to or from an insurer or the Facility Association.
  5. authorizing the service of this Order, as granted by the Honourable Court, on the Respondents by regular mail;
  6. directing that there be no costs of this Application; and
  7. such further or other relief as this Honourable Court shall deem just.
was heard on June 1, 2016 at the Courthouse at 393 University Ave., Toronto, Ontario.
 
ON READING the Applicant’s Application Record including the Notice of Application, the Notice of Application as Amended, the affidavit of Anatol Monid, sworn December 21, 2015, together with exhibits attached thereto, the Consent of the Respondents as contained in the Minutes of Settlement, dated June 30, 2015, attached as Exhibit F to the said Affidavit of Anatol Monid, and the Applicant’s factum;
 
ON HEARING the submissions of Daniel Di Fonzo and of counsel for the Respondents;
 
  1. THIS COURT ORDERS that Antoinette Gail Freeman and 1301137 Ontario Inc. o/a TAKE II and TAKE II Consultants comply with the Cease and Desist Order issued on April 13, 2005 by the Superintendent of Financial Services, attached hereto as Schedule “A”.
  2. THIS COURT ORDERS that service of this Notice of Application and Notice of Return of Application as contained in the Application Record on the Respondent, Antoinette Gail Freeman, at her last known address of address 17 Connorvale Ave, Toronto, ON M8W 3Z9, by regular mail, with such service deemed effective as of 5th day following the mailing of this Application Record be and is hereby approved, nunc pro tunc.
  3. THIS COURT ORDERS that service of this Notice of Application and Notice of Return of Application as contained in the Application Record on the Respondent, 1301137 ONTARIO INC., o/a TAKE II and TAKE II CONSULTANTS, as its last known address 17 Connorvale Ave, Toronto, ON M8W 3Z9 with such service deemed effective as of 5th day following the mailing of this Application Record be and is hereby approved, nunc pro tunc.
  4. THIS COURT ORDERS that Antoinette Gail Freeman and 1301137 Ontario Inc. o/a TAKE II and TAKE II Consultants cease and refrain from holding themselves out as an insurance agent or consultant.
  5. THIS COURT ORDERS that Antoinette Gail Freeman and 1301137 Ontario Inc. o/a TAKE II and TAKE II Consultants cease and refrain from using the name “TAKE II Insurance” and any other business name containing the word “insurance” or “assurance.
  6. THIS COURT ORDERS that Antoinette Gail Freeman and 1301137 Ontario Inc. o/a TAKE II and TAKE II Consultants cease and refrain from soliciting insurance on behalf of an insurer or on behalf of the Facility Association under the Compulsory Automobile Insurance Act, R.S.O. 1990, Chapter C.25
  7. THIS COURT ORDERS that Antoinette Gail Freeman and 1301137 Ontario Inc. o/a TAKE II and TAKE II Consultants cease and refrain from engaging in any form of advertisement, advice, solicitation or negotiation relating to the sale of insurance to the public.
  8. THIS COURT ORDERS that Antoinette Gail Freeman and 1301137 Ontario Inc. o/a TAKE II and TAKE II Consultants cease and refrain from transmitting for a person other than herself or itself, an application for or a policy of insurance to or from an insurer or the Facility Association.
  9. THIS COURT ORDERS that service of this Order, as granted by the Honourable Court, on the Respondents by regular mail be hereby authorized and approved.
  10. THIS COURT ORDERS that there be no award of costs of the Application.
Original signed by “Matheson, J.”    

 
ONTARIO
SUPERIOR COURT OF JUSTICE

ORDER OF THE HONOURABLE JUSTICE
AS HEARD ON JUNE 1, 2016