Consensual Agreement and Undertaking Between The Complaints and Investigation Committee of The Life Insurance Council of Saskatchewan (“the Committee”)
and Juvil Balagosa Paigan
The Committee is authorized under Bylaw 7, Section 5, subsection 3, subparagraph (b), to enter into consensual resolutions of complaints.
Bylaw 5, Section 1, subsection 1 reads: “The administrator shall, in addition to the requirements for the contents of a register required by the Act and the regulations, record on the register the existence and results of all disciplinary decisions or orders, court orders, alternative dispute resolution agreements, undertakings and mediation agreements involving a licensee or a person to whom the Life Insurance Council of Saskatchewan (Council) has the authority to issue a licence.” Disciplinary actions as described are reported on the Insurance Councils of Saskatchewan website and the Canadian Insurance Regulators Disciplinary Actions (CIRDA) database.
Juvil Balagosa Paigan (“Ms. Paigan”) acknowledges and agrees that: 1. Ms. Paigan violated Council Bylaws when: A. Contrary to Bylaw 8, Section 2 (d) she made a material mis-statement in an application for licence or report to continue a licence;
i. When she failed to disclose on her 2012 non-resident Life including Accident and Sickness (“Life A&S”) licence application that she was engaged in another occupation other than insurance.
Consensual Agreement and Undertaking Juvil Balagosa Paigan
ii. When on June 25, 2012 she declared all statements and answers on her application for licence were true and correct;
iii. When she failed to disclose on her 2015 non-resident Life A&S licence application that she was engaged in another occupation other than insurance; and
iv. When on January 23, 2015 she declared all statements and answers on her application for licence were true and correct.
2. Ms. Paigan’s rights to appear before a Discipline Committee of Council have been explained to her and she fully understands her rights and/or obligations under Council Bylaw 10;
3. She waives her rights to appear before a Discipline Committee and undertakes not to exercise any appeal rights she may have under Council Bylaw 10, Section 3 or The Saskatchewan Insurance Act, (the Act) as it relates to matters set out in this Consensual Agreement and Undertaking (Agreement).
4. This Agreement does not preclude the Life Council from pursuing any other investigation against her for activities not identified in this Agreement that may be in violation of Council Bylaws or the Act.
5. She has been advised by the Committee that it is in her interests to obtain independent legal advice before entering into this Agreement. She has either:
a. Obtained such independent legal advice and is satisfied with the same, prior to executing this Agreement, or
b. Willingly chosen not to obtain such advise prior to executing this Agreement. 6. Ms. Paigan hereby affirms that she has read and understood the terms of this Agreement, and is signing it voluntarily and of her own free will.
Ms. Paigan, having waived her rights, undertakes to: 1. Pay a fine in the amount of $500.00 2. Reimburse Council’s investigation costs in the amount of $440.00 3. Pay all fines and investigative costs within 30 days of receipt of this Agreement.
Consensual Agreement and Undertaking Juvil Balagosa Paigan
The Committee’s Agreement: 1. The Committee agrees to accept from Ms. Paigan the payment of $940.00 as full and final resolution of her violation of Council’s Bylaws as outlined in this Agreement; and
2. The Committee further agrees to take no further action against Ms. Paigan for the acknowledged violations of Council’s Bylaws that are set out in this Agreement.
Dated at Burnaby, in the Province of British Columbia, this 1st day of February, 2017. Originally Signed by Juvil Balagosa Paigan
Dated at Saskatoon, in the Province of Saskatchewan, this 15th day of February, 2017. Originally Signed by Roderick Baxter, Chair, Complaints and Investigation Committee Life Insurance Council of Saskatchewan