REGARDING the Insurance Act, R.S.O. 1990, Chapter I.8, as amended, in particular section 441
AND REGARDING an Interim Cease and Desist Order Against Myrtie Rose Benefit Program Inc.
(“Myrtie Rose”), Joy Morris, Ian Anthony Morris, Fisola Robinson and Tinuola Shaw
NOTICE OF INTERIM CEASE AND DESIST ORDER
The Superintendent of Financial Services (“Superintendent”) is of the opinion that Myrtie Rose, Joy Morris, Ian Anthony Morris, Fisola Robinson and Tinuola Shaw have committed, and are committing, unfair or deceptive acts or practices by contravening subsection 40(2) of the Insurance Act (the “Act”) by carrying on business as an insurer in Ontario without a licence. The particulars are set out in the Report of the Superintendent appended as Appendix "A" to this Notice.
The Superintendent is also of the opinion that the interests of the public may be prejudiced or adversely affected by a delay in the issuance of a permanent order. Myrtie Rose continues to collect premiums from its clients by way of pre-authorized withdrawals from client bank accounts and claims are notbeing paid.
In accordance with subsection 441(4) of the Act, the Superintendent, without prior notice, may make an interim order which shall take effect immediately and which shall become permanent as against each and every named person unless within 15 days such person requests a hearing before the FinancialServices Tribunal.
TAKE NOTICE THAT pursuant to subsection 441(4) of the Act ,the Superintendent orders that Myrtie Rose, Joy Morris, Ian Anthony Morris, Fisola Robinson and Tinuola Shaw, and any agents or representatives thereof:
A. Immediately cease carrying on business as an insurer, and in particular cease undertaking or offering to undertake, directly or indirectly, insurance, as defined
in the Act, in any form including through a Group Benefit Plan or any form of policy and in particular optical, dental, drug and health care policies;
B. Immediately cease withdrawing any funds, directly or indirectly, from any person in respect of any form of insurance, as defined in the Act;
C. Immediately notify, in writing, all persons who have purchased or are purchasing any form of insurance, as defined in the Act, that they are not authorized to provide or sell
any form of insurance, provide such persons with a copy of this cease and desist order, and provide copies of every notification sent to such person to the Superintendent forthwith; and,
D. Immediately cease advertising or holding themselves out, in any form, as being able to undertake, or in any other way provide, insurance, as defined in the Act.
WITHIN 15 DAYS after receiving this notice, Myrtie Rose, Joy Morris, Ian Anthony Morris, Fisola
Robinson or Tinuola Shaw may request in writing that the Financial Services Tribunal hold a hearing.
IF NO HEARING IS REQUESTED within 15 days, the Superintendent may make a permanent
order in accordance with this notice, which shall take effect on the date set out in the order.
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 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 FURTHER TAKE NOTICE THAT section 447(4) of the Act provides that every director, officer, and chief agent of a corporation who caused, authorised, permitted or participated in a corporation committing an offence, or who fails to take reasonable care to prevent a corporation from committing an offence, is also guilty of an offence and 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.
A request for a hearing should be directed, in writing, to:
Financial Services Tribunal
5160 Yonge Street
Attention: Rhonda Booth, Registrar Fax: (416) 226-7750
ISSUED AT the City of Toronto, December 23 , 2004
Acting Superintendent of Financial Services
by delegated authority from
Bryan P. Davies
Superintendent of Financial Services
Myrtie Rose Benefit Program Inc.
75 First Street, Suite 229
Orangeville ON L9W 5B6
Ian Anthony Morris
Attachment: Appendix A