(December 3, 2004) - The Superintendent of Financial Services today issued an interim Cease and Desist Order against two Toronto paralegals operating under the name of "Castro & Associates." The order is effective immediately.
Under subsection 441(4) of the Insurance Act, the Superintendent orders that Carlos Castro and Manuel 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 their clients who have claims for statutory accident benefits that they 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.
A copy of the Order is available on the FSCO website.
Carlos Castro and Manuel Castro no longer appear 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 are have met the regulatory requirements to act as SABS representatives.
As of November 1, 2003, 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 now file a declaration with FSCO, purchase errors & 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.
Senior Manager, Public Affairs