In what circumstances will a broker be required to prove that no advantage has been taken by the broker to the client?
Ontario, Canada
The following excerpt is from 1505986 Ont. Inc. v. Surma, 2010 ONSC 3907 (CanLII):
A similar approach was taken by Epstein J. (as she then was) in Iacolucci v. Nationwide Investment Funding Inc., [1996] O.J. No. 884 (S.C.) at para. 39, where she found that in circumstances of a potential conflict: The broker assumes the onus of proving that no advantage is taken of the client and that the transaction was entered into in perfectly good faith and with full disclosure. [citation omitted]
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