TICO - Legislation & Regulation

Enforcement/Compliance

Convictions

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 May 31`17
Carolyn Solomon and 1924067 Ontario Inc. 

Carolyn (Michelle) Solomon and 1924067 Ontario Inc. o/a Blue Mountain Travel pled guilty and were convicted of four (4) and one (1) counts of operating as a travel agent without registration, respectively, contrary to section 4(1)(a) of the Travel Industry Act, 2002 (theAct).

The pleas and convictions under the Act were joined with Ms. Solomon’s pleas and conviction of six (6) fraud related charges, under the Criminal Code of Canada.

Ms. Solomon was sentenced on both sets of charges, combined, as follows:

  1. 18 months’ jail, with credit for time already served;
  2. Three (3) years’ Probation with the condition (in addition to statutory conditions) that Ms. Solomon not sell or counsel for the purpose of selling any travel services to the public in any capacity;
  3. Restitution in the amount of $462,804.56 to be paid in equal monthly installments by the end of the 3-year probation period;
  4. An Order for a Fine In lieu of Forfeiture for the full amount of restitution. Failure to pay the full amount by the deadline provided, will result in Ms. Solomon’s imprisonment for another 3 years;
  5. A Prohibition Order for five (5) years prohibiting Ms. Solomon from having authority over real property, money or valuable security of another person; and
  6. An Order that a sample of Ms. Solomon’s DNA will be taken for future investigative purposes.

1924067 Ontario Inc. was sentenced to a fine of $50,000.00.

Ms. Solomon was the principal and a guiding mind of 1924067 Ontario Inc. and operated in Toronto and elsewhere in Ontario. In addition, Ms. Solomon was a former employee of 407488 Ontario Ltd. o/a Business & Vacation Travel Planners and Blue Mountain Travel (BMT), a registrant under the Act. BMT’s registration was voluntary terminated effective July 31, 2015. In a related prosecution, BMT and its officer and director, were charged and convicted of a number of offences under the Act. 

May 04`17
Pawel Jedruch

Mr. Pawel Jedruch pled guilty and was convicted of one count of acting or holding himself out as being available to act as a travel agent, without first being registered as a travel agent by the Registrar, Travel Industry Act, 2002, contrary to paragraph 31(1)(c) of the Travel Industry Act, 2002 (the Act), specifically: advertising travel services to consumers via the internet and/or in a community newspaper contrary to paragraph 4(1)(a) of the said Act. The conviction was entered and the following sentence was imposed:

  1. Fine in the amount of $5,000 plus Victim Surcharge Fee, for a total of $6,250, payable over a period of 24 months.

Mr. Jedruch operated in Niagara Falls and elsewhere in Ontario. The offence occurred between March 2015 and October 2015. In compliance with section 4(1)(a) of the Act, since October of 2015, Mr. Jedruch has been employed by and selling travel services on behalf of an Ontario registered travel agent

Apr 12`17
Raquel Gordon

Raquel Gordon plead guilty and was convicted of two (2) counts of operating as a travel agent without registration, contrary to section 4(1)(a) of the Travel Industry Act, 2002.  Ms. Gordon operated in Toronto and elsewhere in Ontario.  The following sentence was imposed:
  1. Fine in the amount of $5,000 plus Victim Fine Surcharge, for a total of $6,250;
  2. Restitution in the amount of $1,854, paid in advance of the guilty plea;
  3. Probation Order, imposed for a period of two (2) years, with the following conditions (in addition to statutory conditions):
  • Not to be employed in the travel industry, in any capacity;
  • Pay restitution in the amount of $1,236.
Mar 07`17

Thomas Chellakudam and Finton Travel Ltd.

Finton Travel Ltd. pled guilty and was convicted of 1 (one) count of carrying on business with Carolyn Solomon, who was required to be registered as a travel agent, but was not in fact so registered, contrary to section 20 of Ontario Regulation 26/05 (the Regulation) made under the Travel Industry Act, 2002 (the Act).  Finton Travel Ltd. is a registered travel agent under the Act.  It operates in Toronto and elsewhere in Ontario. The conviction was entered and the following sentence was imposed:

  1. Restitution payable to 2 consumers, prior to the date of sentencing;
  2. Fine in the amount of $1,000, payable over the period of 24 months.

Thomas Chellakudam, an officer of Finton Travel Ltd., pled guilty and was convicted of one count of failing to take reasonable care to prevent Finton Travel Ltd. from committing the offence under section 20 of the Regulation, contrary to section 31(2) of the Act.  The conviction was entered and the following sentence was imposed:

  1. Fine in the amount of $3,000, payable over the period of 24 months.
  2. Probation Order for 1 year, effective on the date of the sentencing, with the following conditions attached, in addition to the statutory conditions outlined in Section 72 of the POA:
  • Mr. Chellakudam to attend a Financial Compliance Seminar offered by TICO
  • Mr. Chellakudam to sign up and write the Supervisor/Manager exam.  Mr. Chellakudam must successfully pass the exam by February 23, 2018. 

Feb 13`17

Lorna Arcega

Lorna Arcega plead guilty and was convicted of two (2) counts of operating as a travel agent without registration, contrary to section 4(a) of the Travel Industry Act, 2002 (theAct).  Ms. Arcega operated in Toronto and elsewhere in Ontario. The plea and conviction under the Act was joined with the plea and conviction of four (4) counts of Fraud Under $5,000, under the Criminal Code of Canada.  Ms. Arcega was sentenced on both sets of charges as follows:

  1. Restitution in the amount of $40,000 relating to Criminal Code charges;
  2. Restitution in the amount of $4,000 in relation to the charges under the Act;
  3. Two (2) years Probation with the condition (in addition to statutory conditions) not to be employed in the travel industry, in any capacity;
  4. Community Service: 50 hours in relation to Criminal Code charges and 50 hours in relation to the charges under the Act, for a total of 100 hours.
  5. Stand alone Restitution Orders for $2,100 (relating to the charges under the Act) and $63,322.47 (relating to the Criminal Code charges).

Dec 05`16
Executive Worldwide Travel and Zakaria Sheikh 

501159 Ontario Limited o/a Executive Worldwide Travel (Executive Worldwide) and Zakaria Sheikh each pled guilty and were convicted of  2 counts of failing to hold customer funds in trust, contrary to section 27(6) of Ontario Regulation 26/05 made under the Travel Industry Act, 2002 (the Act).  The following sentence was imposed in relation to both counts:

Zakaria Sheikh

1. Fine in the amount of $7,000 plus Victim Surcharge Fees, for a total of $8,750;

2. Probation Order for 2 years;

3. Free Standing Restitution of $39,735.38 payable to TICO.

Executive Worldwide Travel:

1. Restitution, in the amount of CAD$13,656.77 and USD$2,290.85 payable to TICO.

2. Fine of $5,000, per count, for a total of $10,000 plus Victim Surcharge Fees.

Zakaria Sheikh was Manager and President of Executive Worldwide, a registered travel agent under the Act, which voluntarily terminated its registration effective July 13, 2015. The Ontario Travel Industry Compensation Fund paid $56,390.10 to reimburse consumers who paid Executive Worldwide for travel services not provided.  Zakaria Sheikh and Executive Worldwide operated in Ottawa and elsewhere in Ontario. 


Dec 05`16
Esna Travel

Pled guilty and was convicted of one (1) count of failing to keep customer funds in the trust account contrary to section 27(6) of Ontario Regulation 26/05 (Regulation) made under the Travel Industry Act, 2002 (the Act) and of one (1) count of carrying on business with Rollah Zahir, who was required to be registered as a travel agent, but was not in fact so registered, contrary to section 20 of the Regulation.  Charges against Shakrukh Teherany and Suraiya Teherany, directors and officers of Esna Travel, were withdrawn.

Esna Travel was sentenced as follows:

1. Fine in the amount of $7,500 plus VFS, per count, for a total of $18,750 for both counts.

2. Pay restitution to consumers who paid for travel services not provided, in the amount of $93,800.


Dec 05`16
Ghulam Wahabi

Pled guilty and was convicted of one (1) count of operating as a travel agent without registration contrary to section 4(1)(a) of the Act.  Mr. Wahabi was sentenced as follows:

1. Fine in the amount of $8,000 plus VFS, for a total of $10,000.

2. Pay Restitution to consumers who paid for travel services not provided, in the amount of $54,000.

 

Dec 05`16
Rollah Zahir 

Pled guilty and was convicted of one (1) count of operating as a travel agent without registration, contrary to section 4(1)(a) of the Act.  Mr. Zahir was sentenced as follows:

1. Fine in the amount of $15,000 plus VFS, for a total of $18,750.

2. Probation Order for two (2) years starting November 3, 2016, with the following conditions:

(a) Not to be employed in the travel industry, in any capacity.

(b) Not to sell, solicit for the purpose of selling, counsel for the purpose of selling or contract for the purpose of purchase and sale of travel services, from any travel agent or travel wholesaler in Ontario.

3. Pay restitution to the Ontario Travel Industry Compensation Fund in the amount of $50,000, pursuant to the Free Standing Restitution Order issued by the Court.


Nov 22`16
Maher Jaber and Global Events Management Group Inc.

In September 2016, the Ontario Court of Justice, Provincial Offences Court acquitted Global Events Management Group Inc. (Global Events) and Maher Jaber (collectively “Defendants”) of one count each of operating as a travel agent without registration, contrary to section 4(1)(a) of the Travel Industry Act, 2002. TICO appealed to the Ontario Court of Justice, Criminal Division.  The appeal was granted and the Defendants were convicted of operating as a travel agent without registration.  Mr. Jaber and Global Events were sentenced to a fine in the amount of $2,500 each, plus Victim Surcharge and Court Fees, for a total of $6,250. Mr. Jaber and Global Events operated in Toronto and elsewhere in Ontario. 


Nov 22`16
Miro Brcic and Sacred Rides Mountain Bike Holidays Inc.
Miro Brcic and Sacred Rides Mountain Bike Holidays Inc. (Sacred Rides) pled guilty and each was convicted of 1 (one) count of operating as a travel agent without registration contrary to section 4(1)(a) of the Travel Industry Act, 2002 (the Act). Mr. Brcic is an owner and director of Sacred Rides.  Mr. Brcic and Sacred Rides operated in Toronto and elsewhere in Ontario. Mr. Brcic was sentenced to a fine of $3,500 plus Victim Surcharge Fine, for a total of $4,375.  Sacred Rides was sentenced to a fine of $1,000 plus Victim Surcharge Fine, for a total of $1,250. Sacred Rides has applied and is now registered as a travel agent under the Act.

Nov 16`16
Sherrill Denny
Sherrill Denny pled guilty and was convicted of two (2) counts of operating as a travel agent without registration, contrary to section 4(1)(a) of the Travel Industry Act, 2002. Ms. Denny was sentenced to a fine of $10,000 per count, plus Victim Surcharge Fees, for a total of $25,000, on both counts combined. Ms. Denny was employed as a branch manager of a TICO registered travel agency. Her actions resulted in substantial financial losses to the consumers. Her employer assumed liability and reimbursed the consumers. After the charges were laid, Ms. Denny reimbursed her employer in full. Ms. Denny operated in Stratford and elsewhere in Ontario.  

Sep 27`16
Mahendran Sivakolunthu
Mahendran Sivakolunthu plead guilty and was convicted of one (1) count of operating as a travel agent without registration, contrary to section 4(1)(a) of the Travel Industry Act, 2002 (theAct).  Mr. Sivakolunthu operated in Toronto and elsewhere in Ontario. Mr. Sivakolunthu was sentenced as follows:

1. Fine in the amount of $3,000 plus Victim Surcharge Fees, for a total of $3,750, payable over two years.

2. Probation Order for one (1) year starting September 21, 2016 and ending September 21, 2017, with the following conditions:

  • Report to the Probation Officer within 5 days from the date of the Order and thereafter as required by the Officer.
  • Pay restitution to the consumer in the amount of $2000, payable monthly at not less than $170 per month until paid in full.
  • Prior to accepting employment in the travel industry, inform the employer of this conviction under the Act.
  • Within 5 days from accepting employment in the travel industry, inform the Registrar, Travel Industry Act, 2002, in writing, of the name of the agency.  

Aug 22`16
John Douglas Mills

John Douglas Mills, Sole Proprietor operating as Algonquin Travel, plead guilty and was convicted of one (1) count of failing to deposit customer funds into the trust account, contrary to section 27(3) of Ontario Regulation 26/05 made under the Travel Industry Act, 2002 (the Act).  Mr. Mills was a registrant under the Act and terminated his registration on June 4, 2015.  Mr. Mills operated in Oshawa and elsewhere in Ontario.

The plea and conviction under the Act was joined with the plea and conviction of one (1) count of Possession Over $5,000 under the Criminal Code of Canada.  Mr. Mills was sentenced on both charges as follows:

  1. Four months custody to be served conditionally in the community;
  2. Two (2) years Probation with the condition (in addition to statutory conditions) not to be employed in the travel industry with or without remuneration;
  3. Stand alone Restitution Orders for $10,200 (relating to the Criminal charge) and $8,084.58 (relating to the charge under the Act).

June 09`16
David Hemmings and Jennifer Hemmings

David and Jennifer Hemmings plead guilty and were each convicted of 1 (one) count of operating as a travel agent without registration contrary to section 4(1)(a) of the Travel Industry Act, 2002 (the Act). David and Jennifer Hemmings operated in Whitby and elsewhere in Ontario and have never been registered as travel agents under the Act.  The Defendants were sentenced as follows:

  1. Jennifer Hemmings - $3,000 fine plus Victim Impact Surcharge – for a total of $3,750.  The fine is to be paid within 2 years.
     
  2. David Hemmings - $8,000 fine plus Victim Impact Surcharge – for a total of $10,000.  The fine is to be paid within 2 years.

This is the second offence and conviction under the Act for Mr. David Hemmings.  He pled guilty to one count of operating as a travel agent without registration in October of 2013 and was sentenced to a fine of $3,000.

May 31`16
Marek Paszyn and Aquarius Scuba Diving Centre Inc.
Marek Paszyn and Aquarius Scuba Diving Centre Inc. (Aquarius) plead guilty and were each convicted of one count of operating as a travel agent without registration, contrary to section 4(1)(a) of the Travel Industry Act, 2002 (the Act). Mr. Paszyn was sentenced to a fine of $4,000 plus the Victim Fine Surcharge, for a total of $5,000. Aquarius received a suspended sentence. Mr. Paszyn and Aquarius operated in Toronto and elsewhere in Ontario. After the charges were laid, Aquarius applied for registration as a travel agent under the Act. The application is nearing completion pending final review.

Apr 14`16
Jinling Wei and Herui Travel
Jinling Wei and Herui Travel and Tours Corp. (Herui Travel) plead guilty and were each convicted of one count of operating as a travel agent without registration, contrary to section 4(1)(a) of the Travel Industry Act, 2002 (the Act). Ms. Wei was sentenced to a fine of $10,000 plus the Victim Fine Surcharge, for a total of $12,500 and a Probation Order for a period of two (2) years with a condition not to operate or otherwise be employed in the travel industry in any capacity. Herui Travel was sentenced to a $20,000 fine plus Victim Fine Surcharge, for a total of $25,000. This is a second conviction for Ms. Wei and Herui Travel under the Act. They were previously charged and convicted in November 2012 of operating as a travel agent without registration.

Feb 02`16
Judy Jackson
Following a guilty plea, Judy Jacksonwas convicted of 5 (five) counts of operating as a travel agent without registration, contrary to section 4(1) (a) of the Travel Industry Act, 2002.  Ms. Jackson was sentenced as follows:

Count No. 1: Fine in the amount of $5,000 plus Victim Surcharge Fee, for a total of $6,250., payable over a period of 24 months;

Count No. 2: Probation Order for two years with the following conditions, in addition to the statutory conditions outlined in section 72 of the POA: (a) The Defendant is not to be employed in the travel industry in any capacity, where she handles customer funds, credit cards or other modes of customer payment. (b) Prior to accepting a job in the travel industry, the Defendant is to inform the prospective employer of her conviction under the TIA.

Count No. 3: Free Standing Restitution Order, payable to the travel agent that employed Ms. Jackson as an OSR, in the amount of $5,847.50;

Count No. 4 & 5: Suspended Sentence;

Pre-sentenceResolution – As part of the pre-sentence settlement resolution, Ms. Jackson reimbursed consumers a total of $2,080.

Dec 17`15
Kyle Gaspari o/a Executive Sports Company
Following an extensive ex-parte trial, Kyle Gaspari o/a Executive Sports Company (Mr. Gaspari), was convicted of 2 (two) counts of operating as a travel agent without registration, contrary to section 4(1)(a) of the Travel Industry Act, 2002.  Mr. Gaspari was sentenced to 6 months of incarceration on count No. 1 and 3 months of incarceration on count No. 2, served concurrently. In addition, a Restitution Order in favour of the victims was issued, for a total of $186,259.34. Further, a warrant for Mr. Gaspari’s arrest was issued. Mr. Gaspari operated in Burlington and elsewhere in Ontario.  

Nov 09`15
99 Travel and Thaneshkanth Sivaganasundaram
Following a guilty plea, 99 Travel and Tours Inc. (99 Travel) and Thaneshkanth Sivaganasundaram, were each convicted of one count of operating as a travel agent without registration, contrary to section 4(1)(a) of the Travel Industry Act, 2002 (the Act).
Mr. Sivaganasundaram was fined $5,000 plus Victim Fine Surcharge, for a total of $6,250 payable within one year. 99 Travel received a suspended sentence. 99 Travel was a travel agent registered under the Act and operated in Toronto and elsewhere in Ontario. Mr. Sivaganasundaram was a director and officer of 99 Travel. 99 Travel’s registration was revoked effective June 11, 2014.

Sep 30`15
MKI Travel and Conference Management Inc. (MKI)
Following a lengthy trial, MKI was found guilty of two counts of failing to deposit customer funds in the trust account, contrary to section 27(3) of Ontario Regulation 26/05 made under the Travel Industry Act, 2002 (the Regulation); guilty of failing to seek the Registrar’s consent to open a second trust account, in advance, contrary to section 27(4) of the Regulation.  Not guilty of failing to keep customer funds in the trust account, contrary to section 27(6) of the Regulation. The sentencing in this matter is set for November 23, 2015.  Ronald Greenwood, President, Shareholder and Director of MKI, was acquitted of all charges.

 

Aug 26`15
Dat Phuc Ngo o/a Sky Asia Travel
Dat Phuc Ngo o/a Sky Asia Travel plead guilty to one count of failing to keep customer funds in the trust account, contrary to section 27(6) of Ontario Regulation 26/05 made under the Travel Industry Act, 2002 (the “Act”).

Mr. Ngo has been convicted and received the following sentence:

  • 45 days of incarceration served intermittently;
  • Probation Order for 2 years with the condition (in addition to the statutory conditions outlined in section 72 of the Provincial Offences Act, 1990), that Mr. Ngo is not to be employed in the travel industry in any capacity.

The Ontario Travel Industry Compensation Fund paid claims in excess of $170,000 in relation to the closure of Sky Asia Travel on January 16, 2014.

Aug 25`15
Mirta Zamora, Esterlina Coyant and Amigo TravelAs a result of an ex-parte trial, Amigo Travel Ltd. (Amigo Travel), Mirta Zamora and Esterlina Coyant (collectively the “Defendants”) have been convicted of 7 (seven) counts each of failure to deposit customer funds into the trust account, contrary to section 27(3) of Ontario Regulation 26/05 made under the Travel Industry Act, 2002.  The Ontario Travel Industry Compensation Fund paid a total of $65,069.57 to consumers who suffered financial losses as a result of the Defendants’ actions.

Ms. Zamora and Ms. Coyant, Directors and Officers of Amigo Travel, each received the following sentence:

  1. 60 day jail sentence, on each count, served consecutively, for a total of 420 days of incarceration;
  2. $15,000 fine plus a Victim Surcharge Fee, for a total of $18,750, on each count. The total fine on seven counts equals $131,250, for each individual;
  3. Ms. Zamora and Ms. Coyant were given a year to pay the fine.

Amigo Travel:

  1. Was sentenced to a fine of $250,000 plus Victim Surcharge Fee, for a total of $312,500 on Count No. 1 and was given 1 year to pay the fine;
  2. Suspended sentence for Counts No. 2-7.

Aug 10`15
Lilia Quiroz

Lilia Quiroz has been convicted of one count of operating as a travel agent without registration contrary to section 4(1)(a) of the Travel Industry Act, 2002.  Ms. Quiroz was sentenced to a fine of $3,000 plus Victim Surcharge Fees, for a total of $3,750 and to a period of probation for one year with the condition (in addition to statutory conditions of the probation order) that restitution of $2,000 is paid to a consumer who paid Ms. Quiroz for travel services that were not received.  Ms. Quiroz operated in Mississauga and elsewhere in Ontario.

Jul 14`15
Valhalla Travel and Birgit Sondrup

974764 Ontario Ltd o/a Valhalla Travel & Tours (Valhalla Travel) and Birgit Sondrup plead guilty and have been convicted of 3 (three) counts each, under the Travel Industry Act, 2002 (the Act) and Ontario Regulation 26/05 made under the Act (Regulation). Ms. Sondrup, Director and Officer of Valhalla Travel, has been convicted and received the following sentence:

  1. On count of operating as a travel agent without registration, contrary to section 4(1)(a) of the Act – a fine of $3,000 plus Victim Surcharge Fee (VSF), for a total of $3,750;
  2. On count of operating as a travel wholesaler without registration, contrary to section 4(1)(b) of the Act – a fine of $3,000 plus VSF, for a total of $3,750;
  3. On count of failing to deposit trust funds into the trust account within 2 business days – a fine of $4,000 plus VSF, for a total of $5,000;

The total fine payable by Ms. Sondrup is $10,000 plus VSF, for a total of $12,500.  The fine is payable within 6 months.  Valhalla Travel has been convicted and received a suspended sentence on all counts.

Jun 15`15
Budget Travel and Tours
Maria Ellen Galorport, Sole Proprietor, operating as Budget Travel and Tours (“Ms. Galorport”) plead guilty and has been convicted of one count of carrying on business with Maria Rowena Santiago Belen who was required to be registered as a travel agent but was not in fact so registered, contrary to section 20 of Ontario Regulation 26/05 (the “Regulation”) made under the Travel Industry Act, 2002 (the “Act”). Ms. Galorport operated as a travel agent registered under the Act but voluntarily terminated her registration effective September 30, 2014. Ms. Galorport was sentenced to pay a fine of $8,000 plus a Victim Surcharge fee, for a total of $10,000. Ms. Galorport was given one year to pay the fine.
 

May 25`15
Maria Rowena Santiago Belen
Maria Rowena Santiago Belen (“Ms. Belen”) plead guilty to one count of operating as a travel retailer without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. Ms. Belen offered travel services in Toronto and elsewhere in Ontario. As a result of the conviction, the following sentence was imposed on Ms. Belen: Incarceration for a period of twelve (12) months to be served concurrently with the criminal sentence currently being served. Free Standing Restitution Order in the amount of $81,578.21 in favour of 24 consumers who paid Ms. Belen for travel services that were not provided. On February 15, 2015, Ms. Belen was convicted of one count of Defrauding the Public contrary to s. 380(1)(a) of the Criminal Code of Canada, relating to approximately 70 individuals who paid $301,736.17 for travel services not provided. Ms. Belen was sentenced to a period of incarceration that is the equivalent of 21 months and a Free Standing Restitution Order in the amount of $301,736.17.
 

Apr 27`15
ASAP Travel and Carolyn Bella
6097472 Canada Inc. o/a ASAP Travel & Tours (“ASAP Travel”) and Carolyn Bella each plead guilty and have been convicted of one count of carrying on business with Maria Rowena Santiago Belen who was required to be registered as a travel agent but was not in fact so registered, contrary to section 20 of Ontario Regulation 26/05 (the “Regulation”) made under the Travel Industry Act, 2002 (the “Act”). ASAP Travel is a travel agent registered under the Act and it operates in Toronto and elsewhere in Ontario.  Carolyn Bella is President/Manager of ASAP Travel. Ms. Bella was sentenced to pay a fine of $5,000 plus a Victim Surcharge fee, for a total of $6,250.  Ms. Bella was given 5 years to pay the fine. ASAP Travel received a suspended sentence. 

Dec 22`14
Kimberly Rourke
Kimberly Rourke plead guilty to one count of operating as a travel agent without registration, contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. A fine of $6,000 was imposed.  The fine is payable within 2 years. 
Ms. Rourke operated in Kitchener and elsewhere in Ontario.

Dec 11`14
Gente da Nossa Inc. Convicted of Operating as a Travel Agent without Registration
Toronto– Gente da Nossa Inc. plead guilty to one count of operating as a travel agent without registration, contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. A fine of $3,000 was imposed.  The fine is payable within 1 year. Gente da Nossa Inc. operated in Toronto and elsewhere in Ontario. The charges against Nellie Pedro trading as Gente Tours and Gisela Terencio were withdrawn.

Nov 11`14
Christopher Greenwood, Officer of  MKI Travel and Conference Management Inc.
Toronto
– Mr. Christopher Greenwood, an Officer of MKI Travel and Conference Management Inc. (“MKI”), a former TICO registrant, plead guilty to one count of failing to take reasonable care to prevent MKI from committing an offence of failing to keep customer funds in a designated trust account, contrary to section 27(6) of Ontario Regulation 26/05 (the “Regulation”) made under the Travel Industry Act, 2002 (the “Act”).

Mr. Christopher Greenwood also plead guilty to one count of failing to take reasonable care to prevent MKI from committing an offence of failing to obtain the Registrar’s consent prior to opening a trust account at the HSBC Bank of Canada, contrary to section 27(4) of the Regulation.

Mr. Christopher Greenwood was sentenced to pay a fine of $8,000 for both counts.
The other two counts against Mr. Christopher Greenwood were withdrawn.
The Ontario Travel Industry Compensation Fund has paid claims in excess of $2 million in relation to the closure of MKI on May 13, 2013.

The charges against Mr. Ronald Greenwood and MKI are still before the Court.

Oct 28`14
Robert Van Kleek and Pathway Tours
Robert Van Kleek and Byron Swayze/Globe-Travellers Inc. o/a Pathway Tours plead guilty to the following offences and the following sentence was imposed:
Robert Van Kleek plead guilty and was convicted of one count of operating as a travel agent without registration, contrary to section 4(1)(a) of the Travel Industry Act, 2002 (the “Act”).  The passing of sentence was suspended and he was placed on probation with the following conditions:

1.     Probation Order is for a period of 2 years from the date of the sentence; and
2.     Robert Van Kleek is not to engage in the sale, advertising, counseling or offering of travel services in Ontario, unless registered as a travel agent/wholesaler or he enters into a contract/employment with another registrant.

Byron Swayze/Globe Travellers Inc. o/a Pathway Tours(“Pathway Tours”) plead guilty and was convicted of one count of operating as a travel agent without registration, and one count of operating as a travel wholesaler without registration, contrary to sections 4(1)(a) and 4(1)(b) of the Act, respectively.  A fine of $1,500 for each count was imposed, for a total fine of $3,000.  The fine is payable within 180 days. The remaining charges were withdrawn against both Defendants.  Pathway Tours operated in London and elsewhere in Ontario.  Robert Van Kleek was a director and officer of Pathway Tours.

Sep 15`14
Anas Araznajani
Anas Araznajani, a partner of BTM Services, a registered travel agent that operated in Mississauga and elsewhere in Ontario, whose registration lapsed effective March 31, 2012, plead guilty to the following offences:

1.    While BTM Services was registered as a travel agent, failing to hold customer funds in the designated trust account – One (1) count;
2.    While BTM Services was registered as a travel agent, failing to notify the Registrar, Travel Industry Act, of opening a second trust account contrary to section 17(2) 3 of Ontario Regulation 26/05 – One (1) count;
3.    After the registration of BTM Services was lapsed, operating as a travel agent without registration – Four (4) counts.

Convictions were registered and the following penalty imposed:

1.    On two counts of operating as a travel agent without registration – a fine of $1,000 for each count, for a total of $2,000, with one year to pay;
2.    On one count of failure to hold customer funds in trust – a fine of $3,000, with one year to pay;
3.    On one count of  failure to notify the Registrar of opening a second trust account – suspended sentence;
4.    On two counts of operating as a travel agent without registration - suspended sentence and a Probation Order with the following conditions:

a.    Within five days from accepting employment in the travel industry, to inform the Registrar in writing of the name of the travel agency and position.
b.    If employment is obtained in the travel industry, to inform the employer of this conviction under the Travel Industry Act, 2002.

The Travel Industry Compensation Fund paid a total of $3,450 to a consumer who paid for travel services not provided.  Other consumers suffered losses of $16,935.  Mr. Araznajani is in the process of reimbursing those consumers as part of arrangements made pursuant to a Consumer Proposal under the Bankruptcy and Insolvency Act.

Sep 11`14
AAST Inc. and Yue Chi
Following an ex-parte trial in Toronto, AAST Inc. and Yue Chi were convicted of one count each, of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002 (the “Act”).  Yue Chi and AAST Inc. operated in Toronto and elsewhere in Ontario. Yue Chi and AAST Inc. were sentenced to pay a fine of $12,000 each, for a total of $24,000.  The fine is payable within 12 months from the date of the sentence.

Sep 03`14
Bradley Talan Edelson Convicted and Charge against Ariel Santillan Withdrawn
Bradley Talan Edelson plead guilty to two (2) counts of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002 (the “Act”). Mr. Edelson operated in Toronto and elsewhere in Ontario.  The guilty plea by Mr. Edelson was accepted and convictions registered. The following sentence was imposed:

1. On Count No. 1 - a fine of $1,000. The fine is to be paid in full within 12 months from the date of the sentence.
2. On Count No. 2 - a fine of $2,000. The fine is to be paid in full within 12 months from the date of the sentence.

The charge against Ariel Santillan was withdrawn at the request of the Prosecutor.

Aug 13` 14
David Magazzinich and Dealathons.com Inc. Convicted and Charges against Denise and Leon Elmaleh Withdrawn
David Magazzinich and Dealathons.com Inc. each plead guilty to one (1) count of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002 (the “Act”).  Mr. Magazzinich and Dealathons.com Inc. operated in Toronto and elsewhere in Ontario.

The guilty plea by the Defendants was accepted and convictions registered.  The following sentence was imposed:
1. Dealathons.com Inc. has been sentenced to pay a fine of $2,000. The fine is to be paid in full within 24 months from the date of the sentence.
2. Mr. Magazzinich received a suspended sentence. 

The charges against Leon Elmaleh and Denise Elmaleh were withdrawn at the request of the Prosecutor. 

Jul 22`14
Mazdak Anvari, 1091873 Ontario Inc. o/a One Step Travel, Student Escape Tours and Parsia Travel
Following a hearing, Mazdak Anvari’s (“Anvari”) Application to Extend Time to File an Appeal was denied and the sentence of 18 months incarceration was affirmed. On June 25, 2008, Mazdak Anvari and 1091873 Ontario Inc. operating as One Step Travel, Student Escape Tours and Parsia Travel (“One Step Travel”) were convicted of 3 counts each of trust accounting violations. Anvari was sentenced to 18 months in jail and 1091873 Ontario Inc. was fined $50,000. The closure of One Step Travel resulted in approximately $1,000,000 in claims being paid by the Ontario Travel Industry Compensation Fund. On May 13, 2014, Anvari made an Application to Extend Time to File an Appeal on his own behalf. Pursuant to section 5(1) (2) of Ontario Regulation 723/94 made under the Courts of Justice Act, the appeal should be filed within 30 days from the date of the decision appealed from. The Honourable Justice V. Loignon, of the Ontario Court of Justice, denied the Application stating that Anvari did not satisfy the test for granting the Application. As the conviction and the sentence imposed on One Step Travel have not been appealed, the $50,000 fine imposed against One Step Travel also remains in force.

Jul 02`14
Nazimuddin Kazi
Nazimuddin Kazi plead guilty to seven (7) counts of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002 (the “Act”). Mr. Kazi operated in Toronto and elsewhere in Ontario. The guilty plea by the Defendant was accepted and convictions registered. Prior to the sentencing hearing, Mr. Kazi paid restitution to all but one consumer. The following sentence was imposed on Mr. Kazi:

1. 30 days imprisonment, served intermittently, starting July 4, 2014.

2. Probation for a period of 6 months, with the following conditions:
    a. To report to the probation officer.
    b. To pay restitution of $3,325.00 to the consumer by December 31, 2014.
    c. Not to sell travel services or otherwise be employed in the travel industry, in any capacity whatsoever.

Mr. Kazi has also been charged with fraud under the Criminal Code of Canada. Those charges are still before the Court. This is the second conviction of Mr. Kazi under the Act. On July 19, 2006, he was convicted of 7 counts of failing to properly maintain a trust account and 2 counts of operating without registration. Mr. Kazi was sentenced to pay a fine and restitution.

Jun 25`14
Sunrise International Travels Inc. and Ramnarine Tiwari

After an extensive trial, Sunrise International Travels Inc. (“Sunrise”) has been convicted of one count under section 31(1) (c) of the Travel Industry Act, 2002 (the “Act”) of failing to keep customer funds in a designated trust account until payment was made to the supplier of the travel services or a refund was provided, contrary to section 27(6) of Ontario Regulation 26/05 made under the Act (the “Regulation”). Ramnarine Tiwari, an officer and director of Sunrise, has been convicted of one count under section 31(2) of the Act, of failing to take reasonable care to prevent Sunrise from committing an offence of failing to keep customer funds in a designated trust account, contrary to section 27(6) of the Regulation. The Ontario Travel Industry Compensation Fund has paid claims in excess of $1 million in relation to the closure of Sunrise on December 18, 2009.

Sunrise was sentenced as follows:
a.     Fine of $20,000 payable by July 17, 2014; and
b.     Restitution Order for $23,310.86, payable to TICO by July 17, 2014.

Ramnarine Tiwari was sentenced as follows:
a.     Period of incarceration for 60 days, served intermittently. The sentence is to commence on July 20, 2014; and
b.     Probation order for the duration of the jail sentence.

Apr 07`14
Jane True and True Rainbow Tours Inc.
Jane True and True Rainbow Tours Inc. plead guilty to one count each of operating as a travel wholesaler without registration contrary to section 4(1)(b) of the Ontario Travel Industry Act, 2002 (the “Act”). Ms. True and True Rainbow Tours Inc. operated in Niagara Falls and elsewhere in Ontario. No consumers suffered financial losses as a result of the actions of the defendants.  Ms. True was previously a Vice-President and shareholder of Rainbow Tour & Reception Inc., a wholesaler, which voluntarily terminated its registration under the Act on March 21, 2011. The guilty plea by the Defendants was accepted and convictions registered. Ms. True was fined $3,000. True Rainbow Tours Inc. received a suspended sentence.
 

Feb 12`14
Arif Assim and Sacred Tours Inc.
Arif Assim and Sacred Tours Inc. have been convicted on three counts each of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. Mr. Assim and Sacred Tours Inc. operated in Toronto and elsewhere in Ontario. No consumers suffered financial losses as a result of the actions of the defendants.  Mr. Assim and Sacred Tours Inc. were previously convicted under the Act for operating without registration in December 2010.  Mr. Assim was fined $7,500 and is subject to probation for six months where he is to keep the peace and not commit the same offence. Sacred Tours Inc. received a suspended sentence.

Jan 31`14
Aamir Rashid and Minfare Travel Corporation
Aamir Rashid has been convicted of three counts and Minfare Travel Corporation has been convicted of one count of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. Aamir Rashid previously worked for Minfare Travel Inc. in Mississauga, Ontario. Minfare Travel Inc.’s registration under the Travel Industry Act, 2002 was revoked on May 25, 2011. Mr. Rashid was a corporate director of Minfare Travel Corporation which was never registered under the Travel Industry Act, 2002.  Mr. Rashid was fined $4,000 and is subject to a restitution order to repay consumers in the amount of $1,591.56. Minfare Travel Corporation was fined $4,000
 

Jan 31`14
Shireen Akhtar and Minfare Travel Inc.
Shireen Akhtar and Minfare Travel Inc. have been convicted of one count each of failing to maintain trust accounts contrary to section 27 of Regulation 26/05 made under the Ontario Travel Industry Act, 2002. Minfare Travel Inc.‘s registration under the Travel Industry Act, 2002 was revoked on May 25, 2011. Ms. Akhtar is the president of Minfare Travel Inc. Approximately $117,000 was paid from the Ontario Travel Industry Compensation Fund to consumers who did not receive their travel services due to the failure of Minfare Travel Inc.  Ms. Akhtar was fined $10,000 and is subject to a probation order for two years whereby she is required to inform any prospective travel industry employer of the conviction and to advise TICO within 5 days if employment is obtained in the travel industry.  Minfare Travel Inc. was fined $25,000.


Jan 23`14
Panorama Travel & Tours Ltd., Beata Kucharski and Zbigniew Kucharski
Toronto – Panorama Travel & Tours Ltd., Beata Kucharski and Zbigniew Kucharski were convicted on two counts each of failing to maintain trust accounts contrary to section 27 of Regulation 26/05 made under the Ontario Travel Industry Act, 2002. TICO appealed the sentence for the reason that in imposing sentence, Justice of the Peace Shelley went outside of her jurisdiction. The Appeal was heard before Justice D.A. Harris of the Ontario Court of Justice. As a result of the Appeal, on the first count, Panorama Travel & Tours Ltd., Beata Kucharski and Zbigniew Kucharski received a suspended sentence. On the second count, Beata and Zbigniew Kucharski received a suspended sentence and must pay restitution to TICO of $25,000 each for a total of $50,000. There is no deadline by which the restitution must be paid. In addition Beata and Zbigniew Kucharski and Panorama Travel & Tours Ltd. are subject to a one year probation order where they must write a letter about the failure of the company including how the failure affected the travel industry. On the second count, Panorama Travel & Tours Ltd was fined $25,000. Beata Kucharski and Zbigniew Kucharski were the principals of Panorama Travel & Tours Ltd. which tried to run a risk air program “Fly Central Europe”. Panorama’s registration under the Act was terminated in May 2011 and TICO paid claims from the Ontario Travel Compensation Fund in the amount of $85,115.

Jan 10`14
Judy Kadet-Kovacs
Judy Kadet-Kovacs has been convicted on two counts of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. Judy Kadet-Kovacs operated in Hamilton and elsewhere in Ontario. Ms. Kadet-Kovacs was also convicted on three counts of fraud under the Criminal Code of Canada. The criminal convictions were related to the convictions under the Travel Industry Act, 2002. Ms. Kadet-Kovacs was sentenced to 12 months in jail on the criminal convictions and sentenced to 6 months jail on the Travel Industry Act, 2002 convictions to be served concurrently with the criminal convictions. In addition, a Prohibition Order was issued under section 380.2 of the Criminal Code of Canada prohibiting Ms. Kadet-Kovacs from being employed in any capacity in the travel business or any other business where she will have access to cash, credit cards or any other type of payment for a period of five years.  Judy Kadet-Kovacs was previously convicted in 2007, under the Travel Industry Act, 2002 for failing to maintain trust accounts when she was the president of G&P Travel Ltd. G&P Travel Ltd’s registration with TICO was terminated in 2006 and $52,699.66 in claims was paid to consumers from the Ontario Travel Industry Compensation Fund.
 

Nov 18`13
Cynthia Monica Burgher
Cynthia Monica Burgher has been convicted on one count of acting as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. Ms. Burgher was previously registered under the Act and continued to sell bus charters in Toronto and elsewhere in Ontario after her registration was terminated. Ms. Burgher was fined $4,000.

Nov 15`13
Talha Choudhry and Super Asia Travel Inc.
Talha Choudhry and Super Asia Travel Inc. have been convicted on one count each of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. Choudhry and Super Asia operated in the Toronto Region and elsewhere in Ontario. Consumers lost in excess of $80,000 due to the actions of Mr. Choudhry and Super Asia Travel Inc. Mr. Choudhry was also convicted on one count of Defrauding the Public over $5,000 and two counts of Possessing Counterfeit Instruments contrary to the Criminal Code of Canada. For the criminal convictions Mr. Choudry was sentenced to 24 months in jail, a Free Standing Restitution Order in the amount of $112,829 and 2 years of probation. With respect to the Travel Industry Act, 2002 convictions, Mr. Choudhry was sentenced to serve 6 months in jail to be served concurrently with the imprisonment that he is serving with respect to the criminal convictions. In addition Mr. Choudhry is subject to a Free Standing Restitution Order in the amount of $75,529 to the consumers who were affected. Super Asia Travel Inc. received a suspended sentence. Pursuant to an Order of the Honourable Justice K. Barnes, dated October 25, 2013, TICO is required to distribute funds from the previously frozen account of Super Asia Travel Inc., maintained with CIBC. TICO will be contacting the consumers who are named in the Order with more details.

Oct 21`13
Toby and Rubin Fergenbaum
Toby and Rubin Fergenbaum have been convicted on one count each of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. Toby and Rubin Fergenbaum operated as Haliburton Cottage Rental and offered and sold cottage accommodations on behalf of cottage owners in Haliburton and elsewhere in Ontario. Toby Fergenbaum was fined $2,000 and Rubin Fergenbaum received a suspended sentence.

Oct 16`13
David Hemmings and Nature’s Photo Adventure Inc.
David Hemmings and Nature’s Photo Adventure Inc. have been convicted on one count each of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. David Hemmings and Nature’s Photo Adventure operated in Whitby and elsewhere in Ontario. Mr. Hemmings was fined $3,000 and Nature’s Photo Adventure Inc. received a suspended sentence.

Sep 27`13
Robert Ewaniuk and The Executive Needs Inc. o/a Sportality
Robert Ewaniuk and The Executive Needs Inc. o/a Sportality have been convicted on three counts each of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. Mr. Ewaniuk and The Executive Needs Inc. operated in Toronto and elsewhere in Ontario. Mr. Ewaniuk was fined $5,000. The Executive Needs Inc. o/a Sportality received a suspended sentence.


Sep 09`13
Carlos Ventura o/a Ventura Vacations
Carlos Ventura o/a Ventura Vacations has been convicted on seven counts of failing to maintain trust accounts contrary to section 27 of Regulation 26/05 made under the Ontario Travel Industry Act, 2002. Approximately $5,500 of claims were paid to consumers from the Ontario Travel Industry Compensation Fund after Mr. Ventura’s registration was terminated in April 2011. Mr. Ventura was fined $5,000.

Sep 05`13
Paul Tribe and The Mindful Traveller Inc.
Paul Tribe and The Mindful Traveller Inc. have been convicted on two counts each of failing to maintain trust accounts contrary to section 27 of Regulation 26/05 made under the Ontario Travel Industry Act, 2002. Approximately $32,000 of claims was paid to consumers from the Ontario Travel Industry Compensation Fund after the registration of The Mindful Traveller Inc. was terminated in February 2011. Mr. Tribe was fined $3,000 and a Free-Standing Restitution Order was made under section 32 of the Act for Mr. Tribe to repay TICO $7,000. There is no time limit attached to this order. The Mindful Traveller Inc. received a suspended sentence

Aug 13`13
Bruce Wylie
Bruce Wylie was convicted on six counts of operating as a travel agent without registration contrary to section 4(1)(a) of the Ontario Travel Industry Act, 2002. Mr. Wylie operated as Bruce Wylie Tours and Wylie’s Excellent Adventure in Brockville and elsewhere in Ontario. Mr. Wylie was fined $3,000 and given two years to pay the fine.