The Chief Executive Officer of the Financial Services Regulatory Authority of Ontario brought an application by way of stated case against the respondents for failing to comply with summonses issued under the Insurance Act.
The respondents, who were being investigated for acting as unlicensed insurance agents, failed to attend the examinations and did not appear at the hearing.
Applying the three-part test for civil contempt, the court found beyond a reasonable doubt that the respondents intentionally failed to comply with clear and unequivocal summonses of which they had knowledge.
The court ordered each respondent to pay a $5,000 fine, plus an additional $1,000 daily fine until they complete their examinations, and ordered them to arrange and attend the examinations.
