What is a financial advisor’s duty of care to his client in dealing with a client's medical malpractice?

British Columbia, Canada


The following excerpt is from Connor Financial Services International Inc. v. Carver, 2015 BCSC 2320 (CanLII):

In circumstances such as these a financial advisor owes a duty of care to his client: Brandt v. Moldovan, 2013 BCSC 1218 at para. 90, rev’d on other grounds 2014 BCCA 364. That duty of care is shaped by the relationship between the advisor and the client, as well as by the regulatory framework that governs the relationship: Brandt at para. 92. The relevant regulatory provision in the circumstances, as addressed above, was s. 48 of the Securities Regulation. This duty thus includes: a) to use due diligence to learn the essential facts of a client’s circumstances: Brandt at para. 97. b) to make sure that all investments made for the client are suitable for the client and in keeping with their investment goals and tolerances for risk: Junko v. Canaccord Capital, 2012 ONSC 6966 at para. 52;

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