If a complaint has been filed against you to the Registered Insurance Brokers of Ontario (“RIBO”), or you are facing an allegation of non-compliance with the regulations set out in the Financial Services Regulatory Authority of Ontario Act, Insurance Act, the Registered Insurance Brokers Act, or RIBO’s Code of Conduct and By-Laws, then you need the assistance of a knowledgeable and skilled professional discipline lawyer at your side.
Posner Craig Stein (“PCS”) defends insurance brokers in investigations and proceedings at RIBO and agents in hearings before the Financial Services Tribunal. Being the target of a complaint and facing allegations of professional misconduct can be anxiety-provoking, frustrating, and time-consuming. Entrusting PCS with your case means that you will have an experienced and trusted advocate at your side throughout the complaints and discipline process. We understand the potential impact that complaints and professional misconduct allegations can have on your reputation and financial situation. We know that your livelihood can depend on ensuring that the complaint is found to be without merit and that allegations of professional misconduct are dismissed. Our insurance agent and broker defence lawyers work tirelessly, creatively – and in a relentless manner.
RIBO’s Complaints and Investigation Department is responsible for monitoring the conduct and financial position of all insurance brokers in Ontario.
When a consumer complaint is made, RIBO’s Consumer Complaints Officer conducts a preliminary investigation to collect more information about the allegations. The Consumer Complaints Officer determines whether a complaint or allegation of misconduct can be resolved at this early stage, or whether it requires referral to the Complaints Committee.
Serious complaints and allegations involve a more formal investigation in which an investigator is assigned to gather evidence of misconduct. An investigation report may then be prepared and the matter may be referred to the Complaints Committee. Financial complaints arising from RIBO “spot checks” or audits are also referred to the Complaints Committee.
The Complaints Committee determines whether a complaint or allegation of misconduct can be resolved at this stage, or whether it requires referral to the Disciplinary Committee.
PCS insurance broker defence lawyers guide insurance brokers through the investigation and response stage of a RIBO complaint. The earlier an insurance broker retains quality defence counsel, the better the opportunity to ensure you walk away with your reputation, license, and livelihood intact. In an investigation, we will work in concert with you to ensure you are well prepared. We will ensure that all of the relevant information that demonstrates your competence and integrity is placed before the investigator, so that RIBO has the tools it needs to dismiss any complaints against you.
The consequences of a finding of guilt by the Discipline Committee can be serious. The Discipline Committee can a reprimand, impose additional educational programs or financial reporting requirements, impose a fine, and/or restrict, suspend, or revoke a registration.
Hearings before the Discipline Committee involve hearing from witnesses, cross-examination, calling evidence, and making submissions before the committee. Our team of insurance broker defence lawyers have extensive expertise in these areas, developed over decades in tribunals and courtrooms across Ontario.
Carefully calibrated and effective cross-examination of witnesses called by the prosecution in your discipline proceeding can result in a dismissal of professional misconduct charges. The key to success is extensive preparation, skillful and targeted questioning, and the experience to adapt to the witness’s answers as they come. PCS insurance broker defence lawyers will bring these skills and attributes to your defence.
The Financial Services Regulatory Authority of Ontario (“FSRA”) can initiate enforcement proceedings, by providing an insurance agent with a notice proposing a sanction for non-compliance. Upon receiving a notice from the FSRA, you have to request a hearing before the Financial Services Tribunal in order to dispute the allegation. It is essential to consult with a lawyer for mortgage brokers at this early stage. PCS can review the notice from FSRA and provide advice on whether or not requesting a hearing is warranted.
Hearings before the Financial Services Tribunal involve hearing from witnesses, calling evidence and making submissions before the panel. Our team of insurance agent defence lawyers have extensive expertise in these areas, developed over decades in tribunals and courtrooms across Ontario. The key to success is extensive preparation, skillful and targeted questioning, and the experience to adapt to the witness’s answers as they come. PCS insurance agent defence lawyers will bring these skills and attributes to your defence.
Financial Service Tribunal decisions and RIBO Discipline Committee decisions can be reviewed judicially at the Divisional Court. Judicial reviews involve an examination of the record of the proceedings below, the drafting of legal arguments, and making oral arguments before a panel of judges. PCS insurance agent and broker defence lawyers are experienced in arguing cases before the Divisional Court, and we will pursue every avenue to help protect your reputation, your license, and your financial well being.
Posner Craig Stein is the right insurance agent and broker defence firm to handle complaints made against you because:
If you are an insurance agent or broker and have been the subject of a complaint, it is to your benefit to retain an experienced insurance agent and broker defence lawyer immediately. Posner Craig Stein may be able to help you avoid serious consequences, such as reputational and financial damage.
Come meet with us, in confidence, at our office, by phone, or a virtually to discuss your options today. Put your trust in the Posner Craig Stein team of highly skilled insurance agent and broker defence lawyers with proven experience.