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An order that is made regarding a licence holder reflects a situation at a particular point in time. The status of a licence holder can change. Readers should check the current status of a person’s or entity’s licence on the Licensing Link section of FSRA’s website. Readers may also wish to contact the person or entity directly to get additional information or clarification about the events that resulted in the order.
Financial Services Regulatory Authority of Ontario

IN THE MATTER OF the Insurance Act, R.S.O. 1990, c.I.8 (the “Act”), in particular sections 288.6 and 288.7;

AND IN THE MATTER OF Warden Wellness Centre Ltd.;


INTERIM ORDER SUSPENDING LICENCE

TO:
Warden Wellness Centre Ltd.
206 – 5215 Finch Ave East
Scarborough, ON M1S 0C2

Anusuya Gobinathan
Principal Representative

Section 288.6(1) of the Insurance Act (“the Act”) provides that the Chief Executive Officer of the Financial Services Regulatory Authority of Ontario (the “Chief Executive Officer”) may revoke or suspend a service provider’s licence.

Section 288.7 of the Act provides that if the Chief Executive Officer proposes to revoke a licence without the licensee’s consent, the Chief Executive Officer shall give written notice of the proposal to the licensee, including the reasons for the proposal.

Section 288.6(5) of the Act provides that, if, in the Chief Executive Officer’s opinion, the interests of the public may be adversely affected by any delay in the revocation or suspension of a service provider’s licence as a result of the steps required by section 288.7, the Chief Executive Officer may, without notice, make an interim order suspending the licence and may do so before or after giving the notice required by section 288.7 with respect to the proposal to revoke or suspend the licence.

IT IS ORDERED THAT pursuant to section 288.6 of the Act, the service provider’s licence issued to Warden Wellness Centre Ltd. (licence #SP18987) is suspended for the reasons outlined below. During the suspension, Gibson Centre is not authorized to act as a service provider in Ontario.

TAKE NOTICE THAT this Interim Order takes effect immediately and will remain in effect until the expiry of the period for requesting a hearing in respect of a Notice of Proposal to Revoke License and to Impose an Administrative Penalty (15 days after the Notice is given or deemed to have been delivered).

AND TAKE NOTICE THAT pursuant to subsections 447(2)(b) and subsection 447(3) of the Act, every person who fails to comply with an order made under the Act is guilty of an offence and every individual convicted of an offence under the Act is liable to a fine of not more than $250,000 on a first convictions and a fine of not more than $500,000 for each subsequent conviction. Every director, officer and chief agent of a corporation and every person acting in a similar capacity or performing similar functions in an unincorporated association who, caused, authorized, permitted or participated in the corporation or unincorporated association committing an offence or failed to take reasonable care to prevent the corporation or unincorporated association from committing an offence, is guilty of an offence and is liable on a first conviction to a fine of not more than $100,000 and on each subsequent conviction to a fine of not more than $200,000, whether or not the corporation or unincorporated association has been prosecuted for or convicted of the offence.

REASONS FOR ORDER

  1. Warden Wellness Centre Ltd. ("Warden Wellness”) is licensed as a service provider (licence #SP18987) under the Act. This licence was granted on December 20, 2023. Anusuya Gobinathan (“Gobinathan”) is the principal representative of Warden Wellness.
  2. The specific facts supporting this Interim Order are found in the Notice of Proposal to Revoke Licence and Impose and Administrative Penalty issued to Warden Wellness and Gobinathan.
  3. Warden Wellness has taken over the business of previous licensed service providers, Gibson Wellness Centre and Gibson Wellness Group, (collectively “Gibson Wellness”) subject to revocations by FSRA.
  4. Warden Wellness was set up immediately after FSRA issued a Notice of Proposal and Interim Suspension Order with respect to Gibson Wellness. It also appears that Warden Wellness is controlled by the same individual who controlled Gibson Wellness. This individual was subject to an administrative penalty Order.
  5. Due to false billings by the previous entity throughout 2020 and the past conduct of the principal representatives of Gibson Wellness, the Director, Litigation and Enforcement, found Gibson Wellness not suitable to be licensed under the Act and revoked the licences.
  6. The Director, Litigation and Enforcement, by delegated authority from the Chief Executive Officer, is of the opinion that the interests of the public may be adversely affected by any delay in making an order to revoke Warden Wellness’s licence and, therefore, the issuance of an interim suspension is necessary.
  7. Warden Wellness poses an imminent risk to insurers, the integrity of the health service provider licensing regime under the Act, and the public more generally. The serious nature of Gibson Wellness’s misconduct and the fact that Warden Wellness is a continuation of those entities present a significant risk of public harm if they continue to act as service providers.
  8. There are no lesser alternative measures which will adequately protect the public and ensure confidence in the regulatory scheme and sector. Accordingly, the criteria for the issuance of an interim suspension are satisfied.

DATED at Toronto, Ontario, September 11, 2024.

Original signed by

Elissa Sinha
Director, Litigation and Enforcement

By delegated authority from the Chief Executive Officer

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