Cease and Desist Order Against Evguenia Temis, in her own right, and operating as Phoenix Assessments and as Willowdale Health Services

REGARDING the Insurance Act, R.S.O.1990, ChapterI.8, as amended (the "Act"), in particular, sections438, 439, 441(2) and 441(7), and Ontario Regulation 7/00

AND REGARDING Evguenia Temis, in her own right, and operating as Phoenix Assessments and as Willowdale Health Services

CEASE AND DESIST ORDER

The Superintendent of Financial Services (the "Superintendent") is of the opinion that Evguenia Temis, in her own right, and operating as Phoenix Assessments and as Willowdale Health Services, committed unfair or deceptive acts or practices. 

Temis waives the procedural requirement under section 441(2) of the Act for a Notice of Intention to make an order and her right under section 441(3) to request a hearing.

TAKE NOTICE THAT pursuant to section 441(7) of the Act, and with the consent of Temis, the Superintendent orders that:

A. Evguenia Temis, in her own right, and operating as Phoenix Assessments and as Willowdale Health Services, cease the use of Occupational Therapist Ma Magnolia Soria’s name on any documentation submitted to insurers in respect of Statutory Accident Benefits Schedule (SABS) claims for goods or services provided to an insured, whether or not the insured received the goods or services.  Without limiting the generality of the foregoing, this includes the use of Ma Magnolia Soria’s name on an Application for Approval of an Assessment or Examination (OCF-22) and on a Treatment Plan (OCF-18).

B. Evguenia Temis, in her own right, and operating as Phoenix Assessments and as Willowdale Health Services, cease the use of the name of any health professional in documentation not prepared or approved by the health professional, including documentation relating to SABS claims.

C. On or before April 31, 2009, Evguenia Temis in her own right, and operating as Phoenix Assessments and as Willowdale Health Services shall provide a written report to the Superintendent providing the details of the steps taken to ensure compliance with this Order.  This includes internal control procedures with respect to her operating processes that have been reviewed and amended so that the deficiencies that resulted in or permitted the unauthorized use of the name of a Health Professional have been corrected.  This report shall also address any other information relevant to compliance with this Order.

AND 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.

AND TAKE NOTICE THAT section 447(5) of the Act provides that if a person is convicted of an offence, the court making the conviction may, in addition to any other penalty, order the person convicted to make compensation or restitution in relation to the offence.

DATED at Toronto, December 8 , 2008

 

Robert Christie
Superintendent of Financial Services

TO:       

Evguenia Temis    
4 Mica Court
Richmond Hill ON  L4C 0J5

Evguenia Temis
Phoenix Assessments
145 Sheppard Avenue East
Suite 301
Toronto ON  M2N 3A7

Evguenia Temis
Willowdale Health Services
145 Sheppard Avenue East
Suite 301
Toronto ON  M2N 3A7

AND TO:       

Robert Conway
Legal Counsel
Legal Services Branch
Financial Services Commission of Ontario
5160 Yonge Street, 17th Floor
Box 85
Toronto ON  M2N 6L9