Another Addition to the Notice of Investigation?

A recent decision of Ontario’s Court of Appeal has added another possible item to be included in a notice to registrants that may not be on many regulators’ lists. The facts of Furtado v. Underwriter, 2024 ONCA 579 (CanLII), are complex but, in essence, the Court held that an individual did not have insurance coverage through their officers and directors liability policy because they did not promptly notify their insurer of the investigation by a regulator.

Many regulators require registrants to carry various forms of liability insurance so that clients and other members of the public have recourse if the registrant is negligent or otherwise causes financial loss. To facilitate this protection of the public, regulators may wish to consider whether their registrant notifications that they are under investigation should include a suggestion that the registrant notify their insurers about the investigation to ensure there is no loss of coverage.

More Posts

The Right to Rebut?

Many regulators frequently provide a copy of the registrant’s response to a complaint to the complainant for comment. Doing so can assist in providing the

Registration Runaround

A concern for regulators arises when applicants for registration, who are practicing elsewhere at the time, foresee disciplinary issues developing in their existing jurisdiction. A

Right-Touch Regulation Redux

Perhaps the most consequential document in professional regulation in the English-speaking world this century is Right-Touch Regulation published by the UK oversight body, the Professional

Reason Writing Omissions

Writing reasons for a regulatory decision is not easy, especially for non-lawyers. An administrative body’s reasons are the primary basis upon which a court will