Background:

• Bentley, an insurance agent from 1995 to 2019, was accused of issuing temporary pink cards without securing actual insurance coverage. His employer, Insuraline, terminated him on December 11, 2019, for this and other related misconduct.

Initial Proceedings:

• The Alberta Insurance Council found Bentley in breach of section 480(1)(a) of the Insurance Act and fined him $5,000.
• Bentley appealed to the Insurance Councils Appeal Board, which overturned the Council's decision due to incomplete evidence.

Appeal Grounds:

1. Failure to Consider s 509(1):

   • The Appeal Board did not assess whether Bentley's actions breached section 509(1) of the Act, which prohibits false or misleading statements and unfair practices.

2. Judicial Notice Issue:

   • The Appeal Board took judicial notice of issues with the Wawanesa computer portal without informing the parties, impacting procedural fairness.

Court Findings:

• Error on s 509(1):

  • The Appeal Board should have considered s 509(1) regarding Bentley's issuance of pink cards without proper insurance coverage. This oversight necessitates a review.

• Judicial Notice Error:

  • The Appeal Board erred by taking judicial notice of problems with the Wawanesa portal without giving the parties a chance to address this point.

Conclusion:

• The appeal is granted. The case is remanded to a newly constituted Appeal Board to reconsider the application of s 509(1) to Bentley's conduct, using the initial hearing's evidence.
• No costs/award specified for the appeal.