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ARTICLE · 14 JULY 2020

Re Rustulka: Registrants' Suitability Obligations Under Securities Law

In Re Rustulka, 2020 ABASC 93, a hearing panel of the Alberta Securities Commission (the Commission) determined that a former exempt market dealing ...

CanadaCorporate/Commercial Law

In Re Rustulka, 2020 ABASC 93, a hearing panel of the Alberta Securities Commission (the Commission) determined that a former exempt market dealing representative breached his "know your client" (KYC) and suitability obligations under Alberta securities law by failing to properly identify his clients' investment needs, objectives, financial circumstances and risk tolerances and by reporting false and misleading information about the clients on KYC documentation. Misrepresentations made by the dealing representative concerning the risks of investing in the exempt market securities that he was selling induced his clients, many of whom were seniors or close to retiring, to invest.

In evaluating the allegations concerning suitability, the hearing panel repeated and relied upon the "three stage process" that a registrant should follow when recommending investments in securities that was set out in its previous decision in Re Lamoureux, 2001 LNABASC 433, aff'd 2002 ABCA

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