Broker/Dealer Legal Reference Case Law Database - CD-ROM
This product features a database containing summaries and analysis of in excess of 100 cases dealing with investment loss actions, disputes between individual Securities Act registrants and their dealers, and issues arising on the defection of a sales representative from one dealer to another.
The database contains cases from across Canada, including Quebec civil law broker/dealer decisions. The approach has been not only that of a legal practitioner analyzing the legal issues central to each decision, but also an analysis of all relevant data from an industry perspective contained in the reasons. Thus the summaries contain details of how the Court approached or viewed aspects of the relationships and dealings between investor client, broker (or advisor) and dealer that would not otherwise form part of a summary that merely set out the grounds or ratio of the decision. For example, if the dealer conducted an internal investigation of a client complaint prior to the commencement of litigation, how and in what manner did this impact the trial decision? Were the working papers from the investigation producible in the legal proceedings? If they dealt with complaints of clients other than the Plaintiff, was this similar fact evidence relevant to the action?
The relationships between sales representatives and investor client, dealer and client, and dealer and sales representative, are fundamental not only to the determination of any duty of care or obligations as between parties, but also to the understanding as to how the dynamic between the parties permeates all issues arising from the conduct of the investment accounts. The regulatory regime, consisting of the provincial Securities Acts, regulations and policies, and SRO (IDA, MFDA, RS and ME) by-laws, rules and regulations, and required internal dealer policies and procedures, establishes a complex overlay on common or civil law duties that govern the relationships and conduct.
Each case is broken down and can be researched by:
(a) the securities in issue;
(b) the investor profile of the client;
(c) the experts who testified on behalf of the parties;
(d) the Key Issues (see list below); and,
(e) a brief summary of the case.
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