(June 16, 2005) - The Superintendent of Financial Services issued an interim Cease and Desist Order against a Toronto paralegal, Khalil (Evan) Abraham Ismaeli aka Khalil Asmail ("Ismaeli"). The order is effective immediately.
Under subsection 441(4) of the Insurance Act, the Superintendent orders that Khalil (Evan) Abraham Ismaeli aka Khalil Asmail ("Ismaeli") carrying on business as Top Defence Inc. and any agents or representatives thereof:
A. Immediately cease carrying on business as statutory accident benefit representatives;
B. Immediately notify in writing all clients of Khalil (Evan) Abraham Ismaeli aka Khalil Asmail who have claims for statutory accident benefits that he and Top Defence Inc. 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.
An investigation by the Financial Services Commission of Ontario (FSCO) has raised serious questions as to the proper legal name and identity of Ismaeli. To date, Ismaeli has failed to respond to FSCO's request for additional information. Ismaeli has also falsely advised FSCO that he had appealed two counts of breaching the Insurance Act dating from 1999.
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.
Ismaeli'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 & 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