Publication Language: English
Published: February 05, 2021
Publisher: LexisNexis Canada
Written by two experienced industry experts, Duties of Securities Brokers in Canada shines a light on the responsibilities and obligations that govern the relationship between Canadian stockbrokers and their clients. Because it is national in scope, it promises to be a truly indispensable volume for securities professionals and practitioners across the country.
A Thorough Analysis
Duties of Securities Brokers in Canada begins with a comprehensive overview of the applicable legislation, industry rules and standards, and professional rules and standards that apply to securities brokers, with particular emphasis on the broad-textured securities laws and industry rules that are especially significant.
The authors analyse the fundamental “know your client”, “know your product” and suitability obligations that lie at the heart of dealers’ regulatory obligations. They then proceed to consider brokers’ potential civil liability for breaches of the duty of care or fiduciary duty.
Duties of Securities Brokers in Canada is particularly useful because the Investment Industry Regulatory Organization of Canada (IIROC) rules that are examined throughout the text are applicable nationwide. Combined with the Canadian Securities Institute’s Conduct and Practices Handbook, the IIROC rules have frequently been drawn upon by courts in defining thresholds of liability in contract as well as tort. In short, the court and regulatory decisions in all of the Canadian provinces and territories are reflective of the same underlying principles – which are deftly analyzed in this book.
A Useful Volume
Written in plain English and offering comprehensive treatment of this important and always relevant subject, Duties of Securities Brokers in Canada will appeal to a broad audience, including:
Chapter 1: Introduction to the Legal and Regulatory Framework
Chapter 2: Overview of Key Industry Rules
Chapter 3: The Gatekeeper Role
Chapter 4: Know-Your-Client Rules
Chapter 5: The Suitability Obligation
Chapter 6: Civil Liability of Brokers (Part I) – Duty of Care and Duty to Warn
Chapter 7: Civil Liability of Brokers (Part II) – Fiduciary Duty