Tenorlas v. Superintendent of Insurance (Ont.), (1989) 32 O.A.C. 245 (DC)

• Judge: Reid, Steele and O'Brien, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: February 13, 1989
• Jurisdiction: Ontario
• Citations: (1989), 32 O.A.C. 245 (DC)

Tenorlas v. Superintendent of Ins. (1989), 32 O.A.C. 245 (DC)

MLB headnote and full text

Eduardo Sebastian Tenorlas (appellant) v. The Superintendent of Insurance (respondent)

(782/87)

Indexed As: Tenorlas v. Superintendent of Insurance (Ont.)

Ontario Divisional Court

Reid, Steele and O'Brien, JJ.

March 6, 1989.

Summary:

The Deputy Superintendent of Insurance ordered that an insurance agent's licence be suspended for four months. The agent appealed under s. 11 of the Insurance Act.

The Ontario Divisional Court allowed the appeal.

Insurance - Topic 443

Agents - Discipline - Suspension of licence - An insurance agent was found guilty by an Advisory Committee of three of 17 allegations of a breach of the Insurance Act - The Deputy Superintendent of Insurance suspended the agent's licence for four months, refusing to follow the Board's recommendation that only a letter of reprimand be issued - There was no evidence that the agent engaged in any unfair or deceptive act or practice in the business of insurance contrary to s. 394 of the Insurance Act - The Ontario Divisional Court quashed the suspension, where there was no evidentiary basis for the disciplinary action either as recommended or imposed.

Cases Noticed:

Bernstein and College of Physicians and Surgeons of Ontario, Re (1977), 15 O.R.(2d) 447; 76 D.L.R.(3d) 38, refd to. [para. 5].

Statutes Noticed:

Insurance Act, R.S.O. 1980, c. 218, sect. 346(8), sect. 394 [para. 5].

Counsel:

K.J. Torrens, for the appellant;

A.L. Lyon, for the respondent.

This appeal was heard before Reid, Steele and O'Brien, JJ., of the Ontario Divisional Court on February 13, 1989. The decision of the Divisional Court was delivered orally by Reid, J., and released on March 6, 1989.