FINANCIAL SERVICES TRIBUNAL
IN THE MATTER OF the Insurance Act, R.S.O. 1990, c. I.8, as amended (the “Act”), in particular sections 288.6 and 288.7;
AND IN THE MATTER OF a Notice of Proposal to Revoke Licence against Elury Health Services Inc. dated September 16, 2015 issued by the Director, Licensing Branch by delegated authority from the Superintendent of Financial Services;
AND IN THE MATTER OF a Hearing in accordance with subsection 288.7(3) of the Insurance Act, R.S.O. 1990, c. I.8.
B E T W E E N:
ELURY HEALTH SERVICES INC.
APPLICANT
and
SUPERINTENDENT OF FINANCIAL SERVICES
RESPONDENT
BEFORE:
Florence A. Holden Chair of the Panel and Chair (Acting) of the Tribunal
REASONS FOR DECISION
1Further to my Order in the Reasons for Decision dated March 17, 2016 (Decision Number SP658-2015-1), the Applicant, Elury Health Services Inc.’s Request for Hearing in this matter is dismissed without hearing and without further notice under Rule 35.01 of the Rules of Practice and Procedure for Proceedings Before the Financial Services Tribunal.
2The Applicant through its representative Jeanette Boltyansky previously failed to attend a scheduled pre-hearing conference on January 11, 2016 for which notice was properly given. As noted in my Reasons for Decision of March 17, 2016, Ms. Boltyansky does not dispute the Applicant's failure to file the Annual Information Return and pay the related fees on time or to respond to FSCO’s enquiries as outlined in the Superintendent's Notice of Proposal of September 16, 2015. Nor did she provide any explanation for her failure to attend the pre-hearing conference. Further, contrary to my orders of March 17, 2016, she has failed to reply to repeated attempts by the Assistant Registrar of the Financial Services Tribunal on March 18, 23 and 29, 2016 to schedule a second pre-hearing conference. These attempts at rescheduling were made by email, telephone and letter delivered by courier, utilizing the only contact information provided by her to FSCO and the Tribunal.
3Consequently, I dismiss these proceedings without hearing and without further notice.
Dated at Toronto, this 30th day of March, 2016.
“Florence A. Holden” Florence A. Holden