RIBO Bulletin - Summer 2015

SUMMER 2015 • Volume 44 • NO. 144

REGISTERED INSURANCE BROKERS OF ONTARIO

B U L L E T I N

This has been a particularly busy Springwhere once again, ‘overland’ water cov-erage has been at the forefront of discus-

sion between markets, brokers and regulators.

In property insurance, as with auto, Ontario con-

sumers are increasingly presented with a range

of options that enable them to select product

features they want. Consumers rely on us to ex-

plain optional coverage so that they can make

an informed decision. This undoubtedly places

a significant burden on us as we aim to stay

abreast of new products and

determine which clients might

benefit from them.

As brokers, we discuss with our

clients their insurance needs,

and we recommend products

that meet those needs. As

those needs change (mar-

riage, children, illness, reloca-

tion, etc.), we recommend adjustments to their

insurance coverage accordingly. The client may

or may not choose to accept our recommenda-

tions, but that is their choice to make. We docu-

ment our files to accurately reflect the

discussions we have, including the recommen-

dations made and why, as well as the instruc-

tions received.

Similarly, where an insurer offers a new product

that would be of benefit to our clients, we deter-

mine an efficient and effective way of letting our

clients know it is available. After we explain the

benefits and costs, it is the client’s choice

whether they wish to purchase the coverage.

Once again, we document our files accordingly.

It is the client who must decide

what products they wish to pur-

chase. A broker can (and

should) recommend appropri-

ate products but may not

place any coverage without in-

structions from the client. Prop-

erly documented files must

reflect your recommendations

and the client’s decisions. In any future dispute

as to what was or was not recommended/ ac-

cepted, your brokerage practices, including file

documentation, will be of tremendous value.

Remember as well that the Financial Services

Commission of Ontario has issued restrictions

against ‘negative option billing’. If you have any

concerns about what is or is not allowed, please

contact RIBO for clarification. Staff will provide an

answer quickly, usually within 24 hours.

IN THIS ISSUE2 Qualification & Registration Committee Report

2 Advance Notice

3 2015 – 2016 Renewal Process

4 Notice of Election of Council Members

4 Decisions of the Discipline Committee

6 Additions & Deletions

7 Council Directory

8 Staff Directory

9 RIBO Nomination Form

BETH PEARSON

PRESIDENT’S MESSAGE

DISCLAIMER: This publication includes information which is designed to heighten awareness of and minimize the risk of non-compliance with RIBO and other legislative requirements. The materialpresented does not establish, report or create the standard of care for brokers nor is the material a complete analysis of any of the topics covered. Readers should conduct their own due diligence,including where appropriate, seeking legal counsel with respect to their specific responsibilities.

A broker can recommend appropriate

products but may notplace any coverage without instructions

from the client.~

~

BULLETIN SUMMER 2015 • Volume 44 • NO. 144

Committee Report

Qualificationand Registration

ADVANCE NOTICEThe 34th Annual Meeting of members of the Registered Insurance Brokers of Ontario willtake place on Friday, November 6, 2015 at 1:30 p.m. at the Arcadian Loft, 401 Bay Street,Simpson Tower, 8th Floor, in downtown Toronto. A formal notice of meeting and proxy,along with the election material, will be mailed to each registrant in good standing inearly October. All registrants are eligible to attend and to vote on matters properlybrought before the meeting.

It almost seemed as though summer was never going to arrivebut thankfully it has. While it is tempting to forget everythingand enjoy the heat and sun, it is very important that you do not forget to renew your registration by the August 31st deadline. As with last year, renewals must be completed online. The 2015-2016 Renewal Process page in this Bulletin provides comprehen-sive information on the renewal process.

With social media being such an integral tool tobusiness, Principal Brokers must ensure that theyare connected not only to their clients but alsoto all members of their organization (staff, pro-ducers, etc.). This is especially important whenindividuals create their own online profiles togenerate business. The RIBO Code of Conductalso applies to online activities and membersmust not mislead, misrepresent nor hold oneselfout improperly. Individuals who build their ownwebsites must have the full support of the Prin-cipal Broker and must identify the full registeredname and contact information of the broker-age. The Principal Broker must also be fullyaware of the contents of the website as the in-dividual is transacting general insurance under

their direction and supervision. Notification ofthe web address should also be given to theE&O insurer as consumers will be associatingthe firm with the URL set up by the individual.

During the last three months we reviewed 53 re-quests for secondary business exemptions. Theexemption breakdown was as follows: 5 individ-uals were granted exemptions to sell financialproducts and 48 individuals were granted othersecondary business exemptions.

The Qualification & Registration staff or I will behappy to assist you with any questions youmay have.

Wishing everyone a safe and fun-filled summer.

NORMA HITCHLOCKCHAIR


2015 – 2016 Renewal ProcessAll renewals will be processed online only. Each individual must have a current, unique and validemail address (not a common corporate email account). Without a unique and valid email ad-

dress the online renewal process cannot be completed. Please add the email domain“ribo.com” onto your email Safe Senders list or Address Book/Contacts.

If you do not receive an email, please check your “Junk Mail” or “Spam” folder.

The online renewal portal will be available on July 1, 2015. . It isthe Principal Broker’s responsibility to ensure that the renewal appli-cation form for the firm is properly completed and submitted. Whileit remains the responsibility of each individual member to ensurethat his or her registration is renewed, Principal Brokers are expectedto ensure that all individuals associated with the firm renew their reg-istration and comply with the continuing education requirements.

DEADLINE to renew for the 2015/2016 term is August 31, 2015. The2014/2015 licenses will expire on September 30, 2015. Any licensesnot renewed by the expiry date will be lapsed and will be subjectto a $170 penalty fee, in addition to the registration and reinstate-ment fee, to reinstate the license.

FEE DISCOUNTS: 2015/2016 Renew byCouncil has decided to allow a $10 discount for ALL renewals submitted by August 31, 2015. Annual Fee Aug. 31/2015FIRMS: The Principal Broker must login and complete the renewal application for each firm that they are the Principal Broker of. Please report and submit any changes in the registration to [email protected]

Sole Proprietors $420 $410Partnerships and Corporations $470 $460Non-Active Firms $170 $160

Individuals who have a non-active firm must separately complete and submit the renewal.

INDIVIDUALS: Each individual must login and complete the renewal application. Please read and answer eachquestion carefully. Please report and submit any changes in the registration to [email protected]

Active $170 $160Inactive $170 $160

To maintain an “inactive” status, individuals who are not employed or engaged in another business or employment must renew their registration and complete their continuing education requirement. Any individual who is currently employed or engaged in another business or occupation must resign the RIBO registration.

PAYMENT OPTIONS – CREDIT CARD ONLY (NO CHEQUES) The Principal Broker must login and complete the renewal application for each firm that they are thePrincipal Broker of. Please report and submit any changes in the registration to [email protected]

Individual Payment: • The individual will pay for his/her own renewal by credit card• Individuals employed at firms on the Bulk Renewal Payment option will not be prompted for payment as the firm will have submitted payment.

Firm Payment: • Payment will be made under the Principal Broker login for all submitted individual renewals by credit card check-out process. This option should

only be selected if the Principal Broker has obliged to pay for the renewal fee.• Principal Brokers – please be advised that when an employee of your firm selects Firm Payment, you will be notified by email that a renewal pay-

ment is due for that individual broker.

For First-Time Membership Users:(has not previously renewed online)

1. Create a RIBO online account by accessing “Member Login” fromRIBO’s home page www.ribo.com (at the top right corner).

2. Select “New User”.

3. Fill in the required information and press “Submit” (an email with atemporary password and login instructions will be sent to the emailaddress on file).

4. Log in and fill out and submit the “renewal” application form.

For Existing Membership Users:(has previously renewed online)

1. Log in the usual manner (“Member Login” and input user nameand password).

2. Fill out and submit the renewal application form.


DECISIONS OF THE

DISCIPLINE COMMITTEECAUTION While the information contained below is public,

members should take caution that inappropriate use of this information may be considered to be an act of misconduct.

Stewart JagmohanRegistration Number: I22192Mississauga, Ontario

HEARING DATE: February 26, 2015

MISCONDUCT: Ont. Reg. 991, s. 14(1)

PARTICULARS OF THE COMPLAINT:Stewart Jagmohan failed to discharge the member’s duties to clients, member of the public,fellow members and insurers with integrity by falsifying his client’s automobile policy docu-ments, providing his own home address instead of his client’s address.

continued…

Notice of Electionof Council MembersNotice is hereby given that the annual election of council members will be held on Monday, November 2, 2015 at which time three council members are to be elected for a term of three years.

Registrants have the opportunity to nominate candidates, including incumbents if they agree tohave their names put forward for election to serve another term. Candidates for election will be di-vided into two streams. Those from firms with 20 or more licensed individuals and those from firmswith less than 20 licensed individuals. A nomination form with instructions is enclosed in this editionof the Bulletin. Eligibility for election is set out in RIBO By-law No. 21, Section 1 (2) as follows:

Each person who is an individual member of the corporation (RIBO) and,

a) who is qualified to vote at an election of Council, (a person is registered under the Act andnot in default with respect to payment of fees),

b) who is a Canadian citizen ordinarily resident in Ontario or a permanent resident within themeaning of the Immigration Act, 1976 (Canada) and ordinarily resident in Ontario, except apermanent resident who has been ordinarily resident in Ontario for more than one year afterthe time at which they first became eligible to apply for Canadian citizenship,

c) who is nominated in accordance with Section 8,

d) whose conduct is not the subject of a complaint referred to the Discipline Committee, or thesubject of disciplinary proceedings before the Discipline Committee,

is eligible to stand for election to the Council in accordance with this By-law.

Nominations, a brief biography (under110 words), outlining professional qualifications and recordof community service, and a photograph must be received in writing by the Manager at the RIBOoffice no later than 4:00 p.m., on September 15, 2015.

In early October, each registered insurance broker will receive a list of nominated candidates. Thenomination bio sheet will be accompanied by a ballot form and a return envelope to be deliveredto the RIBO office to the attention of the Manager, no later than 4:00 p.m. on the date of the election,November 2, 2015.


…continued

DISCIPLINE COMMITTEE’S DISPOSITIONStewart Jagmohan entered a plea of guilty and the Discipline Committee accepted the evi-dence adduced by RIBO in support of the plea of guilty. Accordingly, Mr. Jagmohan wasfound guilty and the Discipline Committee ordered:

(a) That the Certificate of Registration of Stewart Jagmohan be and is hereby suspendedfor six (6) weeks effective February 27, 2015.

(b) That the Discipline Committee will make a recommendation to the Qualification andRegistration Committee that the Certificate of Registration of Stewart Jagmohan con-tinue to be acting under supervision for not less than three (3) years.

Nigel ScottRegistration Number: D37091Brampton, Ontario

HEARING DATE: March 26, 2015

MISCONDUCT: Ont. Reg. 991, ss. 14(1) and 15(1)6

PARTICULARS OF THE COMPLAINT:Nigel Scott held himself out to clients in a manner inconsistent with his RIBO registration byrepresenting two separate brokerages, without informing the respective employers or clients.

DISCIPLINE COMMITTEE’S DISPOSITIONAt the onset of the hearing a panel member recused himself from the hearing due to a po-tential conflict of interest. The Discipline Committee found that Nigel Scott was properly servedwith the Notice of Hearing and Direction.

The Discipline Committee noted that even though Nigel Scott resigned and that RIBO ac-cordingly de-registered him effective September 30, 2014, they found that they had jurisdic-tion to hear this matter as the events in question occurred during the time Nigel Scott wasregistered with RIBO.

The Discipline Committee heard and accepted the evidence adduced by RIBO, specificallyevidence and documentation proffered by a witness who testified that he became awarethat Nigel Scott’s RIBO license was no longer registered with the witness’ brokerage and fur-ther that RIBO’s website showed Mr. Scott’s license was sponsored by another brokerage inMississauga. The witness also testified that Mr. Scott was still drawing salary from the previousbrokerage while employed at the new brokerage.

Based on the above, the Discipline Committee found that Nigel Scott is guilty of misconductas alleged in the Direction. The Discipline Committee ordered:

(a) That the Certificate of Registration of Nigel Scott be suspended for five (5) months ef-fective March 26, 2015.

(b) That a recommendation be made to the Qualification and Registration Committeethat Nigel Scott’s Certificate of Registration remain restricted to acting under supervi-sion for not less than five (5) years.

May ChanRegistration Number: D14712Scarborough, Ontario

HEARING DATE: March 26, 2015

MISCONDUCT: Ont. Reg. 991, s. 14(1)

PARTICULARS OF THE COMPLAINT:May Chan performed duties of a registered insurance broker for clients of one brokeragewhile employed at another brokerage.

DISCIPLINE COMMITTEE’S DISPOSITIONAt the onset of the hearing a panel member recused himself from the hearing due to a po-tential conflict of interest.

continued…


ADDITIONS & DELETIONS FROM THE RIBO REGISTER

A D D I T I O N S D E L E T I O N SRIBO No. Broker City

3825 Stoneridge Insurance Brokers Ancaster(Cambridge) O/B 2439641 On Inc.

3827 Megson Fitzpatrick Inc. Victoria3828 Bmg Insurance Brokers Calgary

O/B BMG Aviation Ltd.3829 Austen Insurance Brokers Ltd. Milton3830 J.M. Johnson Ins Agencies Winnipeg

(P.W) O/B 6598839 Manitoba Ltd.3833 Servo Insurance Brokers Inc. Kingsville3834 Unitedlink Insurance Brokers Ltd. Sudbury3835 Harry Kihs Insurance Brokers Ltd. Guelph3840 Sym-Tech Dealer Services Richmond Hill

O/B Sym-Tech Inc.3841 Bridges International Insurance Toronto

Services Inc.3843 Akal Insurance Brokers (Peel) Inc. Brampton

RIBO No. Broker City

127 Barrhaven/Decarlo Insurance Brokers Ltd. Ottawa176 Bernhardt Insurance Service Limited Kitchener521 George Da Costa Insurance Brokers Inc. Ottawa615 The Dorsey Group Inc Brantford781 Gatto-Mcmillan Insurance Brokers Limited Willowdale1089 Ed Johnstone & Associates Insurance Inc. Aurora1196 Courtiers en Assurance Lalonde Ltee Insurance Brokers Cornwall1332 Manotick Insurance Brokers Limited Manotick1691 Palmer Insurance Brokers (Fenelon) Limited Fenelon Falls1719 Pentagon-Raymond Insurance Brokers Inc. Orleans1964 John Shea Insurance Brokers Limited Ottawa2171 P Tomlinson Insurance Broker Inc. Grimsby2358 Linda Young Insurance Brokers Inc. Ottawa2671 P.W. Harrison & Son Insurance Brokers Inc. Richmond Hill2998 Baizana Insurance Brokers Ltd. Ottawa3130 Kocisko Insurance Brokers Ontario Inc. Montreal3239 Globalex Risk Management (Ottawa) Inc. Ottawa3605 Smart Protect Inc. Belle River

MARCH 1, 2015 – MAY 31, 2015

The Discipline Committee noted that an email from May Chan dated March 26, 2015 waspresented to them, giving Counsel for RIBO, authority to act as her agent to enter the plea ofguilty and to speak on her behalf at this hearing.

The Discipline Committee found that there was sufficient evidence in support of the plea ofguilty and found that May Chan is guilty of misconduct as alleged in the Direction. The Disci-pline Committee therefore ordered:

(a) That the Certificate of Registration of May Chan be suspended for a period of five (5)months commencing on March 26, 2015.

(b) That the Certificate of Registration of May Chan remain restricted to “Acting under Supervision.”

(c) That the Discipline Committee will make a recommendation to the Qualification andRegistration Committee that they not consider removing the restriction for not less thanfive (5) years from the date of this Decision.

Wesley A. ThompsonRegistration Number: S33647Mississauga, Ontario

HEARING DATE: April 23, 2015

MISCONDUCT: Ont. Reg. 991, ss. 14(1)(3) and (4)

PARTICULARS OF THE COMPLAINT:Wesley A. Thompson failed to insure client vehicles and boats, and to cancel and rewrite tenant’s insurance although he led the clients to believe he had done so.

DISCIPLINE COMMITTEE’S DISPOSITIONWesley A. Thompson entered a plea of guilty and the Discipline Committee accepted the evidence adduced by RIBO in support of the plea of guilty. Accordingly, Mr. Thompson wasfound guilty and the Discipline Committee ordered:

(a) That the Certificate of Registration of Wesley Thompson be and is hereby suspendedfor one year (1) year effective April 23, 2015.

(b) That the Discipline Committee will make a recommendation to the Qualification andRegistration Committee that the Certificate of Registration of Wesley A. Thompson willremain acting under supervision for not less than five (5) years.

…continued


COUNCIL DIRECTORYRegistered Insurance Brokers of Ontario

PRESIDENTBeth PearsonAP Insurance Brokers Inc.1423 Upper Ottawa StreetUnit 11Hamilton, ON L8W 3J6Tel: (905) 389-2822 Fax: (905) [email protected]

VICE-PRESIDENTNorma HitchlockMarsh Insurance Limited199 Coleman StreetP.O. Box 75Belleville, ON K8N 4Z9Tel: (613) 969-7006Fax: (613) [email protected]

TREASURERTracy McLeanMoore-McLean Insurance Group Ltd.48 Yonge StreetSuite 900Toronto, ON M5E 1G6Tel: (416) 364-4000Fax: (416) [email protected]

SECRETARYPatty CrawfordCrawford & Danyluk Insurance Brokers Limited2681 Gideon Drive, Box 100Delaware, ON N0L 1E0Tel: (519) 652-3201Fax: (519) [email protected]

Gil ConstantiniInsurance ProtectionGroup995 Elgin Street WestSuite #1Cobourg, ON K9A 5J3Tel: 888-879-2692Fax: (905) [email protected]

John GelstonHUB International HKMB Limited595 Bay Street, Suite 900Box 81Toronto, ON M5G 2E3Tel: (416) [email protected]

Scott BellAP Insurance Brokers Inc.1423 Upper OttawaStreet, Unit 11Hamilton, ON L8W 3J6Tel: (905) 389-2822 Fax: (905) [email protected]

Rex Harrison Jr.Mason Insurance Brokers Ltd.317 King StreetWelland, ON L3B 5P4Tel: (905) 788-3535Fax: (905) [email protected]

Jack LeeBFL Canada Risk andInsurance Services Inc.181 University Avenue,Suite 1700Toronto, ON M5H 3M7Tel: (416) 599-5530Fax: (416) [email protected]

Nick Dzudz Franklin Lyons

ELECTED MEMBERS

PUBLIC MEMBERS

P.O. Box 45401 Bay Street, Suite 1200Toronto, ON M5H 2Y4Tel: (416) 365-1900 • Fax: (416) 365-7664


STAFF DIRECTORYRegistered Insurance Brokers of Ontario

CHIEF EXECUTIVE OFFICERJeff [email protected]

Executive AssistantLise [email protected]

ReceptionistSheron [email protected]

ADMINISTRATION & FINANCEManagerWinston [email protected]

System AdministratorGustavo [email protected]

Registration/Data EntryValrie Bailey [email protected]

Irene [email protected]

Christopher [email protected]

AccountingErica [email protected]

COMMUNICATIONS Communications CoordinatorLise [email protected]

COMPLAINTS & INVESTIGATIONSManagerTim [email protected]

Complaints OfficerBarbara [email protected]

Senior InvestigatorsNadine [email protected]

Crystal [email protected]

InvestigatorArthur [email protected]

Legal Assistant Angela [email protected]

Financial Compliance CoordinatorDiana [email protected]

Senior Financial InvestigatorMichael [email protected]

Financial InvestigatorsDebbie [email protected]

Wendy [email protected]

CORPORATION LEGAL SERVICESGeneral Counsel Patrick Ballantyne [email protected]

Legal Assistant Angela [email protected]

QUALIFICATION & REGISTRATIONManagerVivian [email protected]

Licensing CoordinatorTracy Cullen [email protected]

Examination CoordinatorLaurie [email protected]

Administrative AssistantLloyd [email protected]

RIBO Office: (416) 365-1900 or 1-800-265-3097 Fax: (416) 365-7664P.O. Box 45, 401 Bay Street, Suite 1200, Simpson Tower, Toronto, ON M5H 2Y4

P L E A S E V I S I T O U R W E B S I T E A T W W W. R I B O . C O M

is the self-regulatory body for general insurance brokers in Ontario.

2015 NOMINATION FORMR I B O C O U N C I L

Registered Insurance Brokers of OntarioP.O. Box 45, 401 Bay StreetSuite 1200, Simpson TowerToronto, ON M5H 2Y4

_______________________________________, Registration # _________________, who is _________________________________(Nominee’s Name) (Position)

of _____________________________________, Registration # _________________, which employs

q Twenty or more individual members* q Less than 20 individual members

is hereby nominated as a candidate for the election to RIBO Council.

The nominators are as follows (minimum 15 nominators required):Signature Name (print) Reg. # Employer (print)

1. ________________________ ______________________________________ ________________ ___________________________

2. ________________________ ______________________________________ ________________ ___________________________

3. ________________________ ______________________________________ ________________ ___________________________

4. ________________________ ______________________________________ ________________ ___________________________

5. ________________________ ______________________________________ ________________ ___________________________

6. ________________________ ______________________________________ ________________ ___________________________

7. ________________________ ______________________________________ ________________ ___________________________

8. ________________________ ______________________________________ ________________ ___________________________

9. ________________________ ______________________________________ ________________ ___________________________

10._______________________ ______________________________________ ________________ ___________________________

11._______________________ ______________________________________ ________________ ___________________________

12._______________________ ______________________________________ ________________ ___________________________

13._______________________ ______________________________________ ________________ ___________________________

14._______________________ ______________________________________ ________________ ___________________________

15._______________________ ______________________________________ ________________ ___________________________

I hereby consent to the above nomination.

(Signature of Nominee) (Date)

(*) By-law 21. Section 8(1)(c).

RIBO Bulletin - Summer 2015

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Transcript of RIBO Bulletin - Summer 2015