IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.I.8, as amended (the “Act”), in particular sections 441, 441.2 and 441.3;

AND IN THE MATTER OF Romeo Vitelli.

COMPLIANCE ORDER AND

ORDER IMPOSING AN ADMINISTRATIVE PENALTY

Romeo Vitelli (“Vitelli”) is a registered psychologist with the College of Psychologists of Ontario.

On March 31, 2021, by delegated authority from the Chief Executive Officer of the Financial Services Regulatory Authority of Ontario (the “Chief Executive Officer”), the Director, Litigation and Enforcement (the “Director”) issued a Notice of Proposal to impose a compliance order and an administrative penalty on Vitelli for making false or misleading representations to an insurer in order to obtain payment, contrary to subsection 447(2)(a.3) of the Act.

A Request for Hearing (Form 1) dated April 13, 2021, was delivered to the Financial Services Tribunal (the “Tribunal”) in accordance with sections 441 and 441.3 of the Act respecting the Notice of Proposal.

On October 20, 2023, Vitelli withdrew the Request for Hearing, and, on October 23, 2023, the Tribunal closed its file in respect of this matter. This Order is made pursuant to a settlement entered into by Vitelli and the Director.

ORDER

It is hereby ordered that Romeo Vitelli must immediately cease and refrain from the following activities for a 24-month period from April 25, 2023 to April 25, 2025:

a.    Conducting examinations for the purposes of assisting an insurer to determine if an insured person is or continues to be entitled to a benefit under the Statutory Accident Benefits Schedule – Effective September 1, 2010 (“SABS”);

b.    Conducting assessments or examinations in connection with a determination of catastrophic impairment under the SABS;

c.    Preparing, completing, and signing the Treatment and Assessment Plans (OCF- 18) as a regulated health professional or health practitioner under the SABS; and

d.    Directly or indirectly invoicing insurers for any of the services in clauses a to c above, except for those services provided on or before the date the Order is issued.

An administrative penalty in the amount of $15,000 is hereby imposed on Romeo Vitelli.

This order is imposed for the reasons set out in the Minutes of Settlement and Undertaking dated October 19, 2023.

TAKE NOTICE THAT the Financial Services Regulatory Authority of Ontario will deliver an invoice to Romeo Vitelli with information as to where and how to pay the administrative penalties. Romeo Vitelli must pay the administrative penalties no later than thirty (30) days after the date of the invoice.

If Romeo Vitelli fails to pay the administrative penalty in accordance with the terms of this Order, the Chief Executive Officer may file the Order with the Superior Court of Justice and the Order may be enforced as if it were an order of the court. An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is enforceable as such.

DATED at Toronto, Ontario, October 27, 2023

Elissa Sinha

Director, Litigation and Enforcement

By delegated authority from the Chief Executive Officer

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