REGARDING the Insurance Act, R.S.O. 1990, Chapter I.8, as amended, in particular section 441
AND REGARDING an Interim Cease and Desist Order Against Carlos Castro
NOTICE OF PERMANENT CEASE AND DESIST ORDER
Section 441(2)of the Insurance Act, (the "Act"), provides that where the Superintendent is of the opinion that a person has committed or is committing any act, or has pursued or is pursuing any course of conduct, that is an unfair or deceptive act or practice, or might reasonably be expected to result in a state of affairs that would constitute an unfair or deceptive act or practice, the Superintendent may give notice in writing of his intention to order any person to cease or refrain from doing any act or pursuing any course of conduct identified by the Superintendent or to perform such acts that, in the opinion of the Superintendent, are necessary to remedy the situation. Within 15 days of receiving the notice, a person may request in writing that the Financial Services Tribunal hold a hearing before the Superintendent takes any action described in the notice.
Section 441(4) of the Act provides that if the Superintendent is of the opinion that the interests of the public may be adversely affected by any delay in the issuance of the order, the Superintendent may, without prior notice, make an interim order which takes effect immediately and which shall become permanent on the 15th day after its making unless within that time a hearing is requested.
On December 2, 2004, the Superintendent issued an Interim Cease and Desist Order under section 441(4) of the Act against Carlos Castro and Manuel Castro. A request for hearing before the Financial Services Tribunal ("Tribunal") was made separately by both Carlos Castro and Manuel Castro. The matter was scheduled for hearing commencing April 10, 2006.
By letter dated March 17, 2006, and filed with the Tribunal, Carlos Castro withdrew his request for a hearing. Accordingly, no request for a hearing is now before the Tribunal and in accordance with section 441(4) of the Act, the Interim Cease and Desist Order as against Carlos Castro became permanent on December 17, 2004, the 15th day after the issuance of the Interim Cease and Desist Order.
The Superintendent confirms that the Interim Cease and Desist Order dated December 2, 2004, is a Permanent Order as of December 17, 2004, against Carlos Castro and provides as follows:
The Superintendent orders that Carlos Castro, and any agents or representatives thereof:
A. Immediately cease carrying on business as statutory accident benefits representatives;
B. Immediately notify in writing all of his clients who have claims for statutory accident benefits that he can no longer act for them; provide them with a copy of this cease and desist order; and, provide copies of every notification sent to each client to the Superintendent forthwith; and,
C. Immediately cease advertising or holding themselves out, in any form, as statutory accident benefits representatives within Ontario.
DATED at the City of Toronto on the 23rd day of March, 2006.
Superintendent of Financial Services
P. O. Box 20153
1395 Lawrence Ave. West
Toronto, ON M6L 3C8