The disciplinary committee of Quebec’s Chambre de l'assurance fined Johanne Tessier (certificate No. 158067), a damage insurance representative, $4,000 for providing false information to L'Unique General insurance when submitting a client’s insurance application, resulting in the retroactive cancellation (ab initio) of the client’s policy.
The respondent pleaded guilty to the sole count in the disciplinary complaint. She should not be confused with Johanne Tessier (certificate No. 139351), a former claims adjuster who is not involved in this sanction. The decision, rendered only in French on August 18 2026, addresses both guilt and sanction.
Based on the admitted facts, the respondent was found guilty of contravening section 37(1) of the Code of ethics of damage insurance representatives, which requires representatives to provide accurate information to the insurer.
Background
It all began on March 21, 2021, when the client contacted the respondent to obtain an automobile insurance quote. The evidence shows that he informed her at the time that his policy had been cancelled by Desjardins General insurance and that he was now insured by Pafco Insurance Company.
Despite this information, Tessier submitted an application to L'Unique falsely stating that the client was insured by Desjardins and answered “no” to the question about previous cancellations.
The policy was issued on March 31, 2021, with an annual premium of $1,571.54. Two years later, on April 20, 2023, L'Unique cancelled the policy ab initio: the client was retroactively left without coverage.
Following the complaint, preliminary motions raised by the respondent were dismissed by the committee in the spring of 2026. It was ultimately on June 2, 2026, during a hearing held by videoconference, that the respondent entered a guilty plea. Both parties—the respondent and the assistant syndic of the Chambre de l'assurance—made submissions on sanction and presented a joint recommendation to the committee. The question before the committee was therefore whether the joint recommendation should be accepted.
In the evidence on sanction, the respondent acknowledged her offence, namely that the information provided to L'Unique was false, as well as the consequences of the offence for her client and the importance of complying with her ethical obligations in her professional practice.
Aggravating and mitigating factors
“In order to establish a fair and equitable sanction,” the parties took the following aggravating factors into account:
- the objective seriousness of the offence;
- the negligence that led to it;
- the significance of the false information provided to the insurer;
- the consequences for the insured;
- the respondent’s years of experience.
On the other hand, the parties identified several mitigating circumstances. In addition to the guilty plea, they noted, among other things, the absence of a disciplinary record and the isolated nature of the offence.
The parties also referred to the respondent’s personal circumstances: professional overwork and high levels of stress, all of which were exacerbated by her role as a caregiver for her mother, who had cancer.
She was not accused of any dishonesty or of deriving any personal benefit. Finally, the parties agreed that the risk of reoffending was low, given that the respondent had changed her work environment and working methods.
Decision and sanction
In its decision dated August 18, the disciplinary committee noted that “the guilty plea is equivalent to an acknowledgment by the respondent that the alleged facts constitute professional misconduct.” It also found that the proposed sanction fell within the range of sanctions usually imposed for this type of offence, based on the precedents submitted. It accepted the joint recommendation.
Accordingly, for providing false information to L'Unique and thereby contravening section 37(1) of the Code of ethics of damage insurance representatives, Tessier was fined $4,000. The respondent was also ordered to pay all costs associated with the proceedings.
