The allegations contained in these documents have not been proven in a hearing before the Financial Services Tribunal.
REGARDING the Insurance Act, R.S.O. 1990, Chapter I.8, as amended, in particular section 441
AND REGARDING a Proposed Permanent Cease and Desist Order against Robert Crosbie and 1460246 Ontario Inc. carrying on business as
AND REGARDING an Interim Cease and Desist against Robert Crosbie
NOTICE OF PROPOSED PERMANENT CEASE AND DESIST ORDER
INTERIM CEASE AND DESIST ORDER
The Superintendent of Financial Services (“Superintendent”) is of the opinion that Robert Crosbie (“Crosbie”) and 1460246 Ontario Inc. carrying on business as R.E.C. Paralegal (“R.E.C. Paralegal”) have committed, and are committing, unfair or deceptive acts or practices in the business of acting as a statutory accident benefits representative. The particulars are set out in the Report of the Superintendent appended as Appendix “A” to this Notice.
WITHIN 15 DAYS after receiving this notice, you may request in writing that the Financial Services Tribunal hold a hearing on whether or not a permanent cease and desist order should be issued.
IF NO HEARING IS REQUESTED within 15 days, the Superintendent may make a permanent order in accordance with this notice, which shall take effect on the date set out in the order.
A request for a hearing should be directed, in writing, to:
Financial Services Tribunal
5160 Yonge Street
Attention: Rhonda Booth, Registrar Fax: (416) 226-7750
The Superintendent is of the opinion that the interests of the public may be prejudiced or adversely affected by a delay in the issuance of a permanent order for the following reasons:
1. Crosbie’s letter of April 12, 2005, makes it clear that he is of the opinion that the Insurance Act (the “Act”) and the regulations thereunder do not apply to him and his business R.E.C. Paralegal, and accordingly his conduct as a statutory accident benefit representative is ungovernable;
2. Despite being advised about the allegations and despite repeated requests since March 18, 2005, for information about the allegations and a request to review his files, Crosbie, to date, has not provided information or documentation; and,
3. The obligation of statutory accident benefit representatives, set out in the Code of Conduct for Statutory Accident Benefit Representatives, to respond to a request for information from the Financial Services Commission of Ontario (“ FSCO”) fully and promptly is a critical requirement in the regime that allows individuals to be exempted from the prohibition set out in section 398 of the Act, and allow them to act as representatives. Crosbie’s failure to comply with FSCO’s demands strikes at the very heart of the regime to effectively ensure confidence in the automobile insurance system and allow FSCO to ensure compliance.
In accordance with subsection 441(4) of the Act, the Superintendent, without prior notice, may make an interim order which shall take effect immediately.
INTERIM CEASE AND DESIST ORDER
Effective this date, pursuant to subsection 441(4) of the Act, the Superintendent orders that Robert Crosbie, 1460246 Ontario Inc. carrying on business as R.E.C. Paralegal, and any agents or representatives thereof:
A. Immediately cease carrying on business as statutory accident benefit
B. Immediately notify in writing all Crosbie’s clients who have claims for statutory accident benefits that Crosbie, and any of his agents or representatives, 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 out, in any form, as statutory accident benefits representatives within Ontario.
TAKE NOTICE THAT the above Interim Cease and Desist Order shall become permanent unless within 15 days a written request for a hearing before the Financial Services Tribunal is made.
AND FURTHER TAKE NOTICE THAT if a hearing is requested, the Superintendent may extend the interim cease and desist order until the hearing before the Financial Services Tribunal is concluded.
AND FURTHER TAKE NOTICE THAT section 447(2)(b) of the Act provides that any person who fails to comply with any order made under the Act is guilty of an offence and liable on a first conviction to a fine of not more than $100,000 and on each subsequent conviction to a fine of not more than $200,000.
AND FURTHER TAKE NOTICE THAT section 447(4) of the Act provides that every director, officer, and chief agent of a corporation who caused, authorised, permitted or participated in a corporation committing an offence, or who fails to take reasonable care to prevent a corporation from committing an offence, is also guilty of an offence and is liable on a first conviction to a fine of not more than $100,000 and on each subsequent conviction to a fine of not more than $200,000.
ISSUED AT the City of Toronto, May 19, 2005
Bryan P. Davies Superintendent of Financial Services
TO: Robert Crosbie c/o R.E.C. Paralegal Unit 23 1270 Finch Avenue West Toronto ON M9L 2R8
AND TO: 1460246 Ontario Inc. carrying on business as R.E.C. Paralegal
Appendix “A” - Report of the Superintendent of Financial Services