REGARDING the Insurance Act, R.S.O. 1990, Chapter I.8, as amended, in particular sections 438, 441(2) and 447(2)(a.3), and Ontario Regulation 7/00, in particular section1¶1
AND REGARDING a Proposed Cease and Desist Order against Ideal Therapy Inc. and Osman Abukar
CEASE AND DESIST ORDER
Section 441(2) of the Insurance Act (the "Act"), provides that where the Superintendent of Financial Services (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.
On Augus 16, 2007, the Superintendent issued a notice under section 441(2) of the Act. Osman Abukar and Ideal Therapy Inc. were served with the notice on September 18, 2007.
Osman Abukar did not file a request for a hearing before the Financial Services Tribunal within 15 days of receiving the notice.
TAKE NOTICE THAT pursuant to sections 441(2) and 441(7) of the Act the Superintendent orders that Ideal Therapy Inc. and Osman Abukar:
A. cease conducting the business of a rehabilitation clinic that provides services to Ontario residents who suffered injuries in motor vehicle collisions;
B. cease providing to anyone any service related in any way to a claim for statutory accident benefits, whether or not a fee is charged for such services;
C. cease advertising or holding out to the public that services of any kind relating to claims for statutory accident benefits are offered or provided, whether or not a fee is charged for such services; and,
D. immediately notify in writing all clients of Ideal Therapy Inc. and Osman Abukar who have claims for statutory accident benefits that Ideal Therapy Inc. and Osman Abukar, and any of their agents or representatives, can no longer act for them, and provide them with a copy of the cease and desist order; and provide copies of every notification sent to each client to the Superintendent forthwith.
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 section 447(3) of the Act provides that a person convicted of an offence under the Act 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, October 11, 2007
Superintendent of Financial Services
Ideal Therapy Inc. and Osman Abukar
1635 Lawrence Avenue West, 2nd Floor
Toronto ON M6L 3C9