Consensual Agreement and Undertaking (“Agreement”)
Bylaw 7(5)(3)(b) between The Complaints and Investigation Committee (“Committee”)
of The General Insurance Council of Saskatchewan (“Council”)
and William Thomas Grieve (“Grieve”)
and Canadian Farm Insurance Services Inc. (“CFIS”)
1. CFIS and Grieve acknowledge and agree that they violated Council Bylaws when: a) contrary to Bylaw 8(2)(d) they made a material misstatement when they failed to disclose on their 2017 and 2018 Online Annual Reporting Form (“OARF”) that CFIS;
i. on February 16, 2016, had its licence suspended by the Insurance Councils of British Columbia (“ICBC”);
b) contrary to Bylaw 8(2)(g) they failed to follow sound business practice when: i. pursuant to Bylaw 2(1)(4)(a) failed to adhere to the Act, regulations, and bylaws;
ii. pursuant to Bylaw 2(1)(4)(b) failed to follow established standards of competence, conduct and practice in the business of insurance; and,
iii. pursuant to Bylaw 2(1)(4)(c)(ii) failed to inform Council of the commencement of any professional, occupational or regulatory body proceedings within 30-days such as the ICM action taken against Grieve on January 16, 2019;
Consensual Agreement and Undertaking Canadian Farm Insurance services Inc. William Thomas Grieve
c) contrary to Bylaw 8(2)(q) CFIS failed to follow sound business practices; and, d) contrary to Bylaw 8(2)(r) Grieve failed to exercise reasonable and prudent oversight and review when acting in a supervisory capacity.
2. CFIS and Grieve’s rights to appear before a Discipline Committee of Council have been explained to them and they fully understand their rights and/or obligations under Council Bylaw 10.
3. CFIS and Grieve waive their rights to appear before a Discipline Committee and undertake not to exercise any appeal rights they may have under Council Bylaw 10(3) or the Act as it relates to matters set out in this Agreement.
4. This Agreement does not preclude Council from pursuing any other investigation against CFIS and Grieve for activities not identified in this Agreement that may be in violation of Council Bylaws or the Act.
5. CFIS and Grieve have been advised by the Committee that it is in their interests to obtain independent legal advice before entering into this Agreement.
a) They have obtained such independent legal advice and are satisfied with the same, prior to executing this Agreement, or
b) They have willingly chosen not to obtain such advice prior to executing this Agreement.
6. CFIS and Grieve hereby affirm that they have read and understood the terms of this Agreement and are signing it voluntarily and of their own free will.
CFIS having waived its rights, undertakes to pay a fine in the amount of $3000. Grieve having waived his rights, undertakes to pay a fine in the amount of $3000. CFIS and Grieve, jointly and severally agree to pay the cost of investigation in the amount of $550.
CFIS and Grieve agree to pay all fines and investigative costs within 30 days of receipt of this Agreement, totaling $6550.
2
Consensual Agreement and Undertaking Canadian Farm Insurance services Inc. William Thomas Grieve
The Committee’s Agreement: 1. The Committee agrees to accept from CFIS and Grieve the payment of $6550 as full and final resolution of this violation of Council’s Bylaws as outlined in this Agreement; and,
2. The Committee further agrees to take no further action against CFIS and Grieve for the acknowledged violations of Council’s Bylaws that are set out in this Agreement.
Dated at Athabasca , in the province of, Alberta (Town/City) Originally signed by William Thomas Grieve
Dated at Athabasca , in the province of, Alberta (Town/City) Originally signed by William Grieve, President Signature On behalf of Canadian Farm Insurance Services Inc.
Dated at Saskatoon , in the province of, Saskatchewan, this 17 (Town/City) Originally signed by Laureen Major, Co-Chair, Complaints and Investigation Committee General Insurance Council of Saskatchewan
Dated at Regina , in the province of, Saskatchewan, this 6 (Town/City) Originally signed by Anne Parker, Co-Chair, Complaints and Investigation Committee General Insurance Council of Saskatchewan
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 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.
3
, this 15 th day of July , 2019 (Month) (Year)
, this 15 th day of July , 2019 (Month) (Year) Print name and title
th day of July , 2019 (Month) (Year)
th day of August , 2019 (Month) (Year)