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Financial Services Regulatory Authority of Ontario

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 Andrew Shaul Psychology Professional Corporation.


MINUTES OF SETTLEMENT AND UNDERTAKING

    PART I – INTRODUCTION

  1. Andrew Shaul Psychology Professional Corporation (“ASPPC”) has been licensed as a service provider since December 1, 2014, pursuant to the Act, licence #SP14825.

  2. Dr. Andrew Shaul (“Dr. Shaul”) is the principal representative of ASPPC. Dr. Shaul is a psychologist licensed by the College of Psychologists of Ontario (“CPO”).

  3. On November 25, 2022, the Director, Litigation and Enforcement (“Director”), by delegated authority from the Chief Executive Officer (“CEO”) of the Financial Services Regulatory Authority of Ontario (“FSRA”), issued a Notice of Proposal (“NOP”) proposing to revoke ASPPC’s service provider licence.

  4. ASPPC and Dr. Shaul disputed the allegations and, on January 4, 2023, requested a hearing before the Financial Services Tribunal (“Tribunal”) in respect of the NOP.

  5. ASPPC, through Dr. Shaul, and the Director, by delegated authority from the CEO, (collectively the “Parties”) wish to resolve this matter on consent and without a hearing before the Tribunal.

    6. PART II – AGREED FACTS

  6. The Parties agree to the facts as set out in Appendix “A” to these Minutes.

    7. PART III – NON-COMPLIANCE WITH STATUTORY PROVISIONS

  7. By engaging in the conduct described above in Appendix “A”, ASPPC and Dr. Shaul admit and acknowledge that they breached the Act as follows. ASPPC failed to comply with the following provisions:

    1. Sections 442.1(5), 442.3(3) and 447(2)(a) of the Act.

    2. Sections 12(1) and 15 of Ontario Regulation 90/14.


  8. Dr. Shaul failed to comply with the following provisions:

    1. Sections 2(1) and 2(2) of Ontario Regulation 349/13.


  9. In view of the above, ASPPC and Dr. Shaul agree and consent to the Terms of Settlement denoted in Part IV of these Minutes.

    10. PART IV – TERMS OF SETTLEMENT

  10. ASPPC and Dr. Shaul acknowledge and agree that they have been given the opportunity to seek independent legal advice, and are entering into these Minutes voluntarily, understanding the consequences of doing so.

  11. ASPPC and Dr. Shaul acknowledge that these Minutes are an undertaking within the meaning of the Act, that these Minutes are binding on them, and that a failure to comply may result in immediate regulatory action including, but not limited to, the issuance of a Notice of Proposal to impose an administrative penalty, or a prosecution under the Provincial Offences Act.

    12. (a) Surrender of Licence and Undertaking not to Reapply

  12. ASPPC and Dr. Shaul agree to surrender ASPPC’s service provider licence, with an effective date of surrender of June 15, 2023.

  13. Dr. Shaul agrees and undertakes that he will not apply to FSRA for a service provider license to perform any act and/or provide any services for which a service provider license is required from FSRA under the Act, either directly or indirectly through a corporate entity in which he is an officer or director or majority shareholder, or through a partnership, or be the Principal Representative of another licensee.

  14. Dr. Shaul agrees that FSRA may refuse any licence application he may make to FSRA and that he will not request a hearing in the event of such refusal.

    15. (b) Process for Execution of Settlement

  15. ASPPC and Dr. Shaul acknowledge that these Minutes are not binding on the Director until signed by the Director.

  16. These Minutes may be executed in counterparts and may be executed and delivered by facsimile or e-mail and all such counterparts and facsimiles or e-mails, as applicable, shall together constitute one and the same agreement.

  17. Upon receiving an executed copy of these Minutes from FSRA, ASPPC will withdraw its Request for Hearing (Form 1) in respect of the NOP before the Tribunal by completing a Withdrawal/Discontinuance (Form 5) and filing it with the Registrar at the Tribunal within three business days.

  18. Upon confirmation from the Tribunal that the Request for Hearing has been withdrawn and the hearing has been cancelled, Dr. Shaul will file an application to surrender the health service provider licence of ASPPC within three business days. FSRA will accept this application but will not approve the surrender until June 15, 2023.

  19. The Parties accept and understand that these Minutes and any rights within the Minutes shall enure to the Parties and to any successors or assigns of the Parties.

    20. (c) Disclosure of Minutes

  20. The Parties will keep the terms of these Minutes confidential until these Minutes are executed by the Parties, except that:

    1. The Director shall be permitted to disclose the Minutes within FSRA; and

    2. The Parties shall be permitted to inform the Tribunal.


  21. If either of the Parties do not sign these Minutes or the Director does not issue the Order:

    1. These Minutes, and all related discussions and negotiations will be without prejudice to FSRA, ASPPC and Dr. Shaul; and

    2. FSRA, ASPPC and DR. Shaul will each be entitled to all available proceedings, remedies and challenges, including proceeding to a hearing of the allegations contained in the NOP. Any proceedings, remedies and challenges will not be affected by these Minutes, or any related discussions or negotiations.


  22. Upon the signing of the Order:

    1. ASPPC agrees that these Minutes and the Order form part of its administrative record for the purposes of any future licensing decision or as an aggravating factor in respect of a future administrative penalty or prosecution against it or any affiliated entities;

    2. ASPPC acknowledges that these Minutes are public and will be published by FSRA on its public website (or that of its successor) along with a press release that summarizes these Minutes; and

    3. The Parties agree not to make representations to any member of the public or media or in a public forum that are inconsistent with these Minutes.


    23. (d) Further Proceedings

  23. Whether or not these Minutes are executed, ASPPC and Dr. Shaul will not use, in any proceeding, these Minutes or the negotiation or process of approval of these Minutes as the basis for any attack on FSRA’s jurisdiction, alleged bias, alleged unfairness, or any other remedies or challenges that may be available.

  24. Upon the execution of these Minutes and issuance of the Order:

    1. ASPPC waives all rights to a hearing before the Tribunal regarding the NOP;

    2. The Director agrees that FSRA will not take any further proceedings against ASPPC arising solely from the facts contained in the NOP and in Appendix “A” of these Minutes, unless facts not disclosed by ASPPC come to the attention of FSRA that are materially different from those contained in the NOP and in Appendix “A” of these Minutes, or if ASPPC fails to comply with any term in these Minutes; and

    3. ASPPC and Dr. Shaul agree that if they fail to comply with any term in these Minutes, FSRA is entitled to bring any proceedings available to it.

 

 

DATED at Toronto, Ontario,  May 19, 2023

Original signed by

Andrew Shaul
(Personally and on behalf of Andrew Shaul Psychology Professional Corporation)

DATED at Toronto, Ontario,  May 19, 2023

Original signed by

Michelle Spring
Name of Witness

DATED at Toronto, Ontario,  May 19, 2023

Original signed by

Elissa Sinha
Director, Litigation and Enforcement
Financial Services Regulatory Authority of Ontario

By delegated authority from the Chief Executive Officer


Financial Services Regulatory Authority of Ontario

APPENDIX A

    I. BACKGROUND

  1. Andrew Shaul Psychology Professional Corporation (“ASPPC”) is licensed as a service provider (licence #SP14825) under the Act.

  2. ASPPC was first licensed on December 1, 2014.

  3. Dr. Andrew Shaul (“Dr. Shaul”) is the principal representative of ASPPC.

  4. Dr. Shaul is a psychologist licensed by the College of Psychologists of Ontario (“CPO”). Dr. Shaul provides psychological services to individuals injured in motor vehicle accidents through ASPPC and several other licensed service providers.

    5. 2020 Review of Health Service Providers

  5. On September 16, 2020, FSRA issued an inquiry to ASPPC under the Act in the form of a 2020 Health Service Provider Market Conduct Questionnaire (“2020 Questionnaire”) to ASPPC. The 2020 Questionnaire informed ASPPC that it was due by October 7, 2020. ASPPC did not submit the 2020 Questionnaire by the due date.

  6. ASPPC filed its completed 2020 Questionnaire on October 18, 2020 after FSRA followed up regarding the outstanding 2020 Questionnaire.

  7. In response to the 2020 Questionnaire, Dr. Shaul stated that ASPPC did not maintain the original paper or an electronic true copy of the OCF-21 invoices submitted through HCAI.

  8. Dr. Shaul acknowledged the requirement and attested that he would “ensure that this standard is met going forward.”

    9. College of Psychologists of Ontario (“CPO”) Regulatory Proceeding

  9. Dr. Shaul entered into an ACKNOWLEDGEMENT AND UNDERTAKING (“Undertaking”)” with the CPO regarding the “adequacy of his supervision of individuals who are under his professional responsibility and providing a psychological service.”

  10. The Undertaking was signed on January 28, 2021 and came into effect on June 22, 2021.

  11. Pursuant to the Undertaking, Dr. Shaul agreed to not supervise individuals who are under his professional responsibility and providing psychological services, and to have met with a Coach to transition his files to another supervisor. The Undertaking will be in effect for a minimum of two years. After two years, Dr. Shaul can request the Undertaking be removed by agreeing to be re-evaluated by a Coach prior to being able to supervise.

  12. The Undertaking also states that should the Coach not provide a final report acknowledging the CPO’s concerns were appropriately remediated in the public interest, Dr. Shaul would not be considered to have successfully complied with the Undertaking, constituting professional misconduct allowing the Registrar to proceed with an investigation in accordance with the Health Professionals Procedural Code.

    13. 2021 Review of Health Service Providers

  13. On September 22, 2021, FSRA sent a 2021 Health Service Provider Market Conduct Questionnaire (“2021 Questionnaire”) to ASPPC, which was due by October 13, 2021. ASPPC did not file the 2021 Questionnaire by the due date.

  14. On November 1, 2021, after numerous follow-up communications by FSRA, ASPPC filed its answers to the 2021 Questionnaire. However, the answers provided were incomplete.

  15. In the 2021 Questionnaire, Dr. Shaul stated that ASPPC now kept the original paper version or an electronic true copy of OCF-21s submitted to insurers bearing original signatures, in accordance with the Guideline.

  16. Further, Dr. Shaul wrote “N/A” with respect to a question regarding whether ASPPC has an “Authorized Signatory” designated by Health Professionals at the facility. An “Authorized Signatory” is an individual designated by other Health Professionals to sign forms on their behalf using the Health Professionals’ digital signature.

  17. FSRA requested more information with respect to the Authorized Signatory question. In doing so, FSRA determined that ASPPC did not in fact keep an original paper version or an electronic true copy of OCF-21s submitted to insurers bearing original authorized signatures.

  18. Dr. Shaul responded to FSRA that he did not print signed copies of OCF-21s to save paper but had access to the HCAI versions to print and sign when necessary. The printed version of an OCF-21 from HCAI does not conform to the Guideline and a separate document bearing Dr. Shaul’s or the Heath Professional’s signature is required to be kept by ASPPC. ASPPC did not have these separate documents.

  19. Additionally, as ASPPC did not have Authorized Signatory documents for its’ Health Professionals, ASPPC could not and did not have signed or electronic true copies of OCF-21s for those Health Professionals.

  20. FSRA also determined that ASPPC’s HCAI roster of Health Professionals was outdated. ASPPC failed to remove Health Professionals from the roster in accordance with the Guideline.

  21. On February 8, 2022, after further follow up communications by FSRA, Dr. Shaul filed an updated 2021 Questionnaire correcting the false answers he had given.

  22. In subsequent communications with FSRA, Dr. Shaul blamed a former employee for the mismanagement of the business both administratively and financially, including the completion of Authorized Signatory forms.

  23. Dr. Shaul informed FSRA that he commenced a lawsuit against this former employee. However, after FSRA requested a copy of the Statement of Claim, Dr. Shaul stated that in fact he was only contemplating a lawsuit.

  24. Dr. Shaul admitted to not signing, or arranging to have signed, hardcopies of OCF- 21s to save on paper. He noted the OCF-21s were completed and submitted via the HCAI using his electronic signature. Dr. Shaul stated that the OCF-21s were printed and signed on an as needed basis and that the remaining registered psychotherapists were aware of this process and consented to the use of Dr. Shaul’s electronic signature on the documents submitted to HCAI.

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