Specialized Arbitration Services

 RECOVER YOUR INVESTMENT LOSSES!
If you have suffered investment losses as a result of inappropriate or unsuitable advice from your financial advisor/broker (we will call him/her broker from now on), and provided that your investment losses are under $500,000.00, you may qualify to bring a claim against both your broker and brokerage house in an IIROC mandated securities arbitration action, to recover your investment losses, quickly and inexpensively.

These claims can be brought in cases of broker and/or brokerage house misconduct like for example: Your broker or brokerage house’s negligence or fraud, their failure to supervise and monitor your investments, the sale of unsuitable investments, churning, excessive activity, breach of fiduciary duty, providing you with false promises, or furnishing you with misleading or fraudulent financial planning advice, (for many more instances of broker and/or brokerage house misconduct, click on “Investor Beware” on the right side of the page).

The most probable reason for this misconduct could be for the furthering of your broker and/or brokerage house’s own interests and sales production requirements, and ignoring your own interests and investment objectives

NOW! ---- AN ALTERNATIVE WAY OF RECOVERING YOUR INVESTMENT LOSSES

If your claim for investment losses is under $500,000.00, you don’t have to go to court to recover your losses, (thus avoiding litigation’s huge costs and waits from up to three to five years). You can use arbitration instead which is much cheaper, private and confidential, held in a board room and not a court room and usually takes only six to eight months from start to finish. The arbitrator’s decision is final and binding on your brokerage house and yourself, and has the same force and effect as a judgement from the Supreme Court.

WHAT IS ARBITRATION

Arbitration is a quick and inexpensive way for burnt investors to recover their investment losses without the hassle, anxiety, distress, numerous delays and high costs of a court action. Think of arbitration as an informal “mini-trial” held, not in a court house but in a board room or any other mutually convenient location. The “judge” is an arbitrator who is selected by the parties.

WHO IS THE ARBITRATOR?

The arbitrator is neutral, impartial, and independent and has the relevant legal qualifications, technical expertise and practical experience to hear and make a decision on your case. Often arbitrators are retired judges or senior lawyers. The arbitrator acts as a “judge and jury”, and after hearing all the evidence and arguments presented by both sides, makes a final and binding decision, which cannot usually be appealed.[1]

WHAT ARE ARBITRATION HEARINGS LIKE?

Arbitration hearings are usually informal affairs. They are often held in offices or boardrooms or other mutually convenient locations. An arbitration hearing may also be held via a conference call or even in writing if both parties agree. The usual strict rules of court procedure are relaxed, and evidence that may not be admissible in a court case is often admissible in arbitration hearings. Also, in arbitration, there are not the many procedural stalling and delaying opportunities that are available in the traditional court system.

WHO CAN USE THE ARBITRATION PROCESS

Any investor, who has suffered investment losses, as a result of their dealings with a financial advisor employed and representing either a financial institution, and/or a brokerage house, that is a member of the Investment Industry Regulatory Organization of Canada (IIROC) --- You can check on IIROC’s website: www.iiroc.ca to find out if your financial advisors firm, is a member of IIROC.

You can claim up to $500,000.00 plus interest (and costs if you wish)

THE IIROC ARBITRATION PROGRAM

IIROC have contracted with the ADR Chambers to be their sole providers of arbitration services for clients of members of IIROC. Arbitration for securities issues against an IIROC member is compulsory for IIROC members to attend. They cannot refuse to go to arbitration to resolve your investment loss claim. The IIROC arbitration program is available to all IIROC member firms and their clients in Ontario, New Foundland and Labrador, Nova Scotia, Prince Edward Island, New Brunswick, Manitoba, Saskatchewan Alberta, British Columbia, the North West and Yukon Territories and Nunavut. The ADR chambers are a national alternative dispute resolution organization completely independent of IIROC.

WHO SHOULD USE THE ARBITRATION PROCESS?

  • Anyone who has lost money as a result of the negligence, misconduct, misrepresentation, mismanagement or fraud of their financial advisor, and has not been able to recover their losses from their brokerage house/ financial institution.
  • Anyone who wants their investment loss claim to be finalized quickly and does not want to wait for years and years, sometimes as much as five years, by suing through the courts.
  • Anyone who does not want to spend upwards of $120,000 on legal fees by taking their brokerage house to court.

 

THE STATUTE OF LIMITATIONS

The Statute of Limitations applies to arbitration hearings and in general the statute states that anybody, who has a claim, must bring such a claim within two years after first becoming aware of such claim or when they should have become aware of such claim. In this regard you should consult a lawyer to determine whether you have still got time to file an arbitration claim or whether your claim is time barred by the Statute of Limitations.

HOW MUCH DOES IT COST?

  • There is a filing fee of $450 that must be filed with the ADR Chambers to start the arbitration process. This amount will be credited to your share of the total arbitration cost and fee.
  • The arbitrator’s fees of $350 per hour.
  • Room rental of $250 per day.
  • These costs are split 50/50 between the parties.
  • Your representative fees.

 

WE CAN HELP YOU RECOVER YOUR INVESTMENT LOSSES THROUGH ARBITRATION

We are specialists and experienced in the arbitration process and can help you with your claim to recover your investment losses caused, through no fault of your own, but because of the negligence or other misconduct of your broker and/or brokerage house.

WHY USE OUR ARBITRATION SERVICES?

1. We have been representing investors in arbitration proceedings for over ten years. In fact we have been involved in the arbitration process ever since arbitration for investment losses was allowed in Ontario some ten years ago. We have the knowledge, expertise, skill, experience and resources to help you in your arbitration claim against your broker and brokerage house, who you feel was responsible for your investment losses.

2. We case manage your arbitration claim from start to finish, doing everything necessary to get you a favourable result or settlement.

3. We are experts in securities litigation.

4. We guide you through the arbitration process and focus on reducing your emotional stress.

5. We have skilled advocacy in investment loss recovery cases, and are experienced and skilled in arbitration cases.

6. Robert Goldin, during his years of legal practice, was a successful, experienced legal litigator.

7. We have an in-depth knowledge and experience of the rules and regulations of the securities industry.

8. We ensure that each aspect of your case is fully developed.

9. Many issues raised at arbitration are extremely complex and it is essential to have someone in your corner who knows the ins and outs of securities legislation, the arbitration process, what arbitrators consider important and usual defenses raised by brokerage houses.

10. We are expert settlement negotiators and represent you at all settlement discussions.

11. We can decide whether it may be more advantageous for you to have your arbitration claim (with the other parties consent) converted to mediation (with an ADR appointed mediator, who is usually a retired Supreme Court judge or senior lawyer).

12. We help you formulate your claim.

13. We file your arbitration claim with the ADR Chambers.

14. We attend and represent you at all preliminary pre arbitration meetings with the arbitrator and the representatives of your brokerage house.

15. If there are procedural matters arising before the hearing on which the parties are unable to reach an agreement, we represent you at such preliminary hearing before the arbitrator for a decision.

16. If the other side makes a similar procedural application to the arbitrator we represent you at such hearing.

17. We interview any witnesses and take their statements.

18. We prepare a book of all relevant documents of your case and serve it on the other side and file it with the ADR Chambers.

19. We peruse your brokerage house’s book of documents to ensure that all relevant documents are disclosed and if not, we then make an application to the arbitrator for an order compelling delivery of the missing documents.

20. We obtain an expert witness to help bolster your case and arrange for him to provide us with an expert’s report which is then served on the other party as well as on the arbitrator.

21. We consider the other side’s expert report.

22. We prepare you for the arbitration hearing.

23. At the arbitration hearing we argue your case before the arbitrator, then cross examine the brokerage houses witnesses including their expert witness.

24. We get a written judgment and discuss it with you.

CAN YOU REPRESENT YOURSELF IN AN ARBITRATION HEARING?

Yes you can. However it is generally not recommended unless the case is too small to justify hiring a representative. NASD now FINRA’s (in the US) statistics suggest that investors with representation fare better than those investors who represent themselves. Often the brokerage house is represented by the best lawyers money can buy. Representing yourself against these high powered, tier one lawyers, is akin to a lamb being led to the slaughter.

Bottom Line: Our advice to you is ---- either consider using our services, or someone else’s services ---- BUT DON’T GO IT ALONE!

[1] An arbitration award can be appealed only if there is fraud or dishonesty on the part of the arbitrator, or because of serious procedural irregularities


For more details of our Arbitration Services call:
Robert Goldin at (905) 709-1892