Superintendent
of surintendant des
Financial services
Services financiers
___________________________________________________________________________
REGARDING the Insurance Act, R.S.O. 1990, C.I.8, as amended (“the Act:”), in particular sections 441.1, 441.2, and 441.3
AND REGARDING Jonathan Kimber
ADMINISTRATIVE PENALTY ORDER
On July 25, 2014, the Superintendent of Financial Services (“Superintendent”) issued a notice of proposal to impose an administrative monetary penalty of $1000 on Jonathan Kimber. The Superintendent alleged that Mr. Kimber contravened or failed to comply with section 442.3 of the Act by failing to provide information about activities related to the business of insurance to the Superintendent upon request.
Mr. Kimber requested a hearing before the Financial Services Tribunal outside of the 15 day time limit for making such a request. The Superintendent brought a motion for an order dismissing the request for a hearing on the basis that the Tribunal lacked statutory authority to hold a hearing. In a decision dated March 19, 2015, ordered that Mr. Kimber’s request for a hearing be dismissed.
Section 441.3(7) the Act provides that in these circumstances the Superintendent may carry out the proposal to impose an administrative penalty.
ORDER
An administrative monetary penalty in the amount of $1000 is imposed on Jonathan Kimber pursuant to section 441.3 of the Act.
TAKE NOTICE THAT Mr. Kimber will receive an invoice from Ontario Shared Services, a part of the Ministry of Government and Consumer Services, with information as to where and how to make the payment. Mr. Kimber must pay the administrative monetary penalty no later than 30 days after the date of the invoice.
If Mr. Kimber fails to pay the administrative monetary penalty in accordance with the terms of this Order, the Superintendent may file the Order with the Superior Court of Justice and this Order may be enforced as if it were an order of the court. An administrative monetary penalty that is not paid in accordance with the terms of an order imposing the penalty is a debt due to the Crown and is enforceable as such.
DATED at Toronto, Ontario, , 2015
____________________________
Anatol Monid
Executive Director
Licensing and Market Conduct Division
By delegated authority from
Superintendent of Financial Services