
Harold Geller
Partner

Your advisor’s actions do not make sense. Most people hire financial professionals because they do not expect to understand every part of the financial system themselves.
You trusted your advisor to listen, explain the risks, follow your instructions and recommend investments that made sense for you. You relied on their advice. Now you have lost money that you couldn’t afford to lose.
Now you may see trades you did not approve, documents you do not recognize, fees you did not understand or explanations that keep changing.
Led by Harold Geller and Matthew W. Taylor, the Sotos Investor Protection Group helps Canadians investigate possible financial advisor negligence and misconduct.
You do not need to know exactly what your advisor did wrong before contacting us.
The documents, communications and transaction history can help tell the story.
Negligence may involve careless or inadequate advice or account management.
Examples may include:
Read more about financial advisor fiduciary duties.
Misconduct may involve more serious or improper behaviour.
Examples may include:
You do not need to determine whether the conduct was negligence, misconduct or something else.
That can be assessed after the evidence is reviewed.
You may want to take a closer look if:
One confusing transaction may have an innocent explanation.
A pattern of unexplained activity, inconsistent records and changing explanations may be more serious.
In many advisory relationships, an advisor must obtain the client’s approval before making a trade.
For non-discretionary accounts, the advisor is required to get explicit instructions on the security to trade; the price to trade at; the quantity of shares or total amount to be traded; and the timing of the trade. These are specific elements. Few advisors comply with these mandatory requirements.
A concern may arise when:
The fact that a transaction later appeared on a statement does not necessarily answer whether it was properly authorized at the time.
Do not be thrown off if the advisor or investment dealer says that you “ratified” the trade. While ratification can occur, often this assertion does not hold up under legal scrutiny.
You may have been asked to sign documents before all of the information was completed.
You may also discover that information was later added or changed.
Those documents may record your:
A review may consider:
An advisor may receive commissions, referral fees or other financial benefits connected with a recommendation.
An advisor may have their own money in a smaller company and the company needs more money.
Compensation does not automatically make advice improper.
A concern may arise, however, if:
Frequent trading can generate costs.
Depending on the account, those costs may include:
A concern may arise when trading activity did not make sense for your goals or appeared to create costs without a reasonable investment purpose.
A financial advisor may sometimes introduce a client to an investment that does not appear on the firm’s approved product list or regular account statements.
The advisor may give advice, recommendations, etc.
You may have been told:
These circumstances may warrant closer review.
Possibly.
Investment dealers, banks and wealth-management firms may have responsibilities relating to:
A firm may argue that the advisor acted alone or outside its instructions.
That does not necessarily end the analysis.
A review may consider what the firm knew, what it should have known and whether its supervision or systems failed.
Start by preserving the records.
Useful documents may include:
Write down a timeline while the details are still clear.
Include:
Do not alter or discard original records.
Depending on the circumstances, options may include:
Harold Geller brings more than 30 years of investor-protection, financial-services and complex-product experience.
Matthew W. Taylor brings complex investment, securities and class action litigation experience, particularly where losses affect many investors or involve several potential defendants.
Possibly.
Relevant questions may include whether you approved the transaction, whether the advisor had authority to act without approval and whether the activity caused a loss.
A signature can matter, but it does not necessarily answer who completed the document, whether it was accurate or whether it was complete when signed.
The advisor’s departure does not necessarily prevent a review.
The firm’s records, supervision and possible responsibility may still be relevant.
That is the firm’s position.
Communications, account records, trade confirmations and your instructions may provide additional evidence about what occurred.
Possibly.
A financial institution may have responsibilities relating to supervision, compliance, documentation and complaint handling.
No.
Many matters begin with unexplained activity, conflicting documents or an account that simply does not make sense.
Contact Harold Geller or Matthew W. Taylor directly, or request a confidential case assessment using the form below.

Partner

Senior Associate
Tell us what happened or what concerns you, who was involved and what you would like help with.
Start with what you know and the documents you have. You do not need to have every document ready before contacting us.