FINANCIAL SERVICES TRIBUNAL
Citation: Mado v. Ontario (Superintendent Financial Services), 2018 ONFST 16 Decision No. I0806-2018-1 Date: 2018/07/27
IN THE MATTER OF the Insurance Act, R.S.O. 1990, c. I.8, as amended (the “Act”) in particular sections 441.1, 441.2 and 441.3;
AND IN THE MATTER OF the Notice of Proposal to Impose an Administrative Penalty dated April 26, 2018, 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 Request for Hearing filed by Servillano Mado.
B E T W E E N:
SERVILLANO MADO
APPLICANT
and
SUPERINTENDENT OF FINANCIAL SERVICES
RESPONDENT
BEFORE:
Bethune Whiston Chair of the Panel and Vice-Chair of the Tribunal
APPEARANCES:
For the Applicant – Mr. Servillano Mado, Self-represented
For the Superintendent of Financial Services – Ms. Me-Hae Hur, Counsel
PRE-HEARING TELECONFERENCE DATE: July 16, 2018
ORDER
I. Facts
I. Facts
1The Superintendent issued a Notice of Proposal dated April 26, 2018 (the “NOP”) to impose an administrative penalty on Mr. Mado for an alleged breach of Section 13 of Ontario Regulation 347/04 made under the Act. The NOP was sent to Mr. Mado at his address on file with the Financial Services Commission of Ontario (“FSCO”) by registered and regular mail on April 27, 2018. The NOP sent by registered mail was received and signed for on May 2, 2018.
2The NOP indicated that a hearing before the Tribunal could be requested by completing an enclosed Request for Hearing (the “Request”) and submitting it to the Tribunal within 15 days after the NOP is given.
3Mr. Mado filed his Request on May 22, 2018. At the pre-hearing teleconference, Mr. Mado was reminded of his right to be represented by someone authorized under the Law Society Act. He confirmed he would be representing himself. During the pre-hearing, Ms. Hur, Mr. Mado and the Tribunal agreed that the Request was filed after the 15-day deadline had expired.
4The Superintendent is unwilling to waive the requirement to have the Request filed within the 15-day deadline.
5Mr. Mado confirmed that he concedes everything and does not wish to undertake any challenge to the Superintendent’s position.
6The parties agreed that the Tribunal does not have jurisdiction to hold a hearing in this matter.
II. Order
II. Order
7The Tribunal orders that it does not have jurisdiction to hold a hearing in this matter.
Dated at Toronto, this 27th day of July, 2018.
“Bethune Whiston” Bethune Whiston