"Legal Insights & Investor Protection

Most financial advice is presented as professional advice from someone with special education, training, and experience. Many investors are led to believe their advisor will act like a fiduciary, putting the client’s interests first and recommending investments based on the client’s needs.

But that is not always what happens.In many cases, advisors are selling products from a limited shelf.

With private equity, exempt market products, private placements, alternative investments, accredited investor products, Universal Life insurance, and other complex financial products, the recommendation may be influenced by what the advisor is licensed to sell, what the dealer makes available, or what creates the most compensation.

These risks are especially serious when investors are placed into illiquid or non-traded products where redemptions may be gated, locked up, suspended, or frozen. When investors cannot access their money, what was sold as a professional recommendation may later reveal itself as unsuitable advice, inadequate disclosure, or a serious conflict of interest.

At Geller Law, we track regulatory changes across Canada, court decisions involving financial advisors and dealers, and the standards that apply when investors suffer losses. These resources cover topics such as advisor negligence, fiduciary duty, Client-Focused Reforms, exempt market securities, OBSI complaints, investment loss claims, and denied or inappropriate life insurance products.

Explore the articles below to better understand your rights, the duties advisors and dealers may owe, and how negligent investment dealers, life insurers, and financial advisors may be held accountable.

Why stress testing financial plans is a fundamental service

July 24, 2024
If your advisor is not stress testing your financial plan, they may be leaving you exposed. Learn why volatility, withdrawals, and poor assumptions can put retirement income at risk.
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Navigating the Complexities of Fee Schedules in Financial Firms

July 3, 2024
Different investors can be charged different fees for similar advice, products, and service. Learn how hidden fee schedules create conflicts of interest, drag down returns, and let advisors profit at your expense.
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Best practices for calculating retirement income needs

June 19, 2024
Retirement planning built on generic assumptions can leave investors exposed. Learn why advisors should tailor income needs, protect cash flow, and stress test for death, divorce, disability, inflation, and market downturns.
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Investment Fees - Understanding the MER

April 19, 2024
Mutual fund fees can quietly drain returns through MERs, trailing commissions, sales charges, and deferred fees. Learn how hidden compensation can influence advisor recommendations and why lower-cost ETFs may be a better alternative.
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Investment Fees - Demystifying Management Fees (MERs)

April 12, 2024
Portfolio fees can reward advisors for charging more, not doing more. Learn why percentage-based management fees, excessive trading, and churning can create conflicts that quietly damage long-term returns.
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Investment Fees - How You Pay

April 11, 2024
Investment choices come with different costs, risks, and advisor incentives. Learn why investors should question product recommendations, compare online brokerage options, and demand clear disclosure of all fees and compensation.
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Investment Fees - Understanding Your Statement

April 10, 2024
Investment statements now show the fees and compensation your advisor receives, but many investors still don’t know what those numbers mean. Learn how account fees, commissions, DSCs, and trailing commissions can quietly reduce returns and reward poor advice.
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Fiduciary duty?

April 9, 2024
Financial advisors may owe fiduciary duties even without managed accounts. Learn how trust, reliance, conflicts of interest, and product recommendations can create legal obligations when advisors put themselves ahead of clients.
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Know Your Client - what information should your advisor gather?

March 25, 2024
Know Your Client is more than a formality. Learn why advisors should deeply assess your finances, goals, knowledge, and risk tolerance before recommending investments—and how poor discovery may support a loss claim.
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Riding the Market Wave: Did your advisor plan for the inevitable

March 15, 2024
Good markets are the best time to plan for bad ones. Learn why advisors should use strong market periods to review risk, reduce debt, rebalance portfolios, prevent overtrading, and prepare investors for future losses.
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Conflict of Interest in Exempt Market Dealer Firms-private equity

March 14, 2024
Advisor co-investing can sound reassuring, but it may hide a serious conflict of interest. Learn how exempt market dealers, private equity sales, and personal trading can put advisor interests ahead of investor protection.
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Navigating the Complexities of Fee Schedules in Financial Firms

March 13, 2024
Different investors can pay different fees for similar advice, products, and service. Learn how hidden fee schedules create conflicts of interest, increase advisor compensation, and quietly drag down your returns.
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Small-Cap Stocks Offer Huge Potential Profits, but be cautious...

March 12, 2024
Private equity and small-cap investments can offer big upside, but they carry serious risk. Learn why exempt products, micro-caps, and advisor-recommended private equities require careful due diligence before you invest.
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Understanding the Role of Financial Regulations

March 11, 2024
Financial regulations help define the duties advisors owe their clients. Learn how court decisions, industry rules, and professional conduct standards can shape liability when financial advisors breach their obligations.
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Was your advisor a stock picker, not an evidenced based advisor?

February 20, 2024
Index funds often outperform active managers because fees are lower and luck plays a bigger role than most advisors admit. Learn why stock picking rarely beats the market and why honest advisors should focus on planning, not predictions.
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