Superintendent
of surintendant des
Financial services
Services financiers
___________________________________________________________________________
IN THE MATTER OF the Insurance Act, R.S.O. 1990, c. I.8, as amended, in particular sections 392.5 and 407.1;
AND IN THE MATTER OF a Notice of Proposal to Revoke Licence against Brian Pereira, dated October 15, 2015, issued by the Executive Director, Licensing and Market Conduct Division by delegated authority from the Superintendent of Financial Services;
AND IN THE MATTER OF a Hearing in accordance with subsection 407.1(3) of the Insurance Act, R.S.O. 1990, c. I.8.
REVOCATION ORDER
On October 15, 2015, the Superintendent of Financial Services (“Superintendent”) issued a Notice of Proposal to revoke the insurance agent licence of Brian Pereira (“Mr. Pereira”) (licence #11122798). Mr. Pereira received the Notice of Proposal on October 27, 2015.
Mr. Pereira had 15 days after the Notice was given to request a hearing before the Financial Services Tribunal (“Tribunal”) in accordance with subsection 407.1(3) of the Insurance Act, R.S.O. 1990, c. I.8, as amended (“Act”). Mr. Pereira filed a Notice of Proposal with the Registrar of the Tribunal on November 27, 2015, beyond the 15 day period within which to request a hearing.
Accordingly, the Superintendent brought a motion to the Tribunal to dismiss the hearing for lack of jurisdiction. In its judgment issued April 4, 2016, the Tribunal agreed that it lacked the jurisdiction to conduct a hearing as the Request for Hearing was filed late.
The Tribunal ordered that the Superintendent carry out his proposal to revoke the insurance agent licence of Mr. Pereira.
ORDER
The insurance agent licence of Brian Pereira (licence #11122798) is revoked.
DATED at Toronto, Ontario, 2016.
_______________________________________________
Anatol Monid
Executive Director
Licensing and Market Conduct Division
By Delegated Authority from:
The Superintendent of Financial Services