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FSCO issues cease and desist issued against paralegal


May 24, 2005   by Canadian Underwriter


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The Superintendent of Financial Services has issued an interim Cease and Desist Order against a Toronto paralegal, Robert Crosbie and R.E.C. Paralegal. The order is effective immediately.
Under subsection 441(4) of the Insurance Act, the Superintendent orders that Robert Crosbie, carrying on business as R.E.C. Paralegal, and any agents or representatives thereof:
A. Immediately cease carrying on business as statutory accident benefit representatives;
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.
Crosbie has refused repeated requests by the Financial Services Commission of Ontario (FSCO) for information on his activities as a statutory accident benefit representative. It is the obligation of a statutory accident benefit representative, as set out in the Code of Conduct for Statutory Accident Benefit Representatives, to respond to a request for information from FSCO fully and promptly. This is a critical requirement in the regime that allows individuals to act as representatives.
A copy of the Order and the Report of the Superintendent of Financial Services is available on the FSCO website: www.fsco.gov.on.ca. Crosbie’s name no longer appears on FSCO’s list of paralegals who are authorized to act as statutory accident benefits (SABS) representatives. Claimants for SABS can check this list on the FSCO website to confirm that their representatives have met the regulatory requirements to act as SABS representatives.
No one may act as an adviser, consultant or representative on behalf of a person concerning a claim for SABS arising out of motor vehicle accidents, unless the representative meets certain requirements, set out in regulations. For example, representatives must file a declaration with FSCO, purchase errors and omissions insurance coverage and adhere to a Code of Conduct. Representatives who do not file a declaration cannot represent SABS claimants under any circumstances and can be prosecuted by FSCO.


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