Many of SIPA's members have been involved in having their complaints resolved. Many have carried out independent research for their complaint and are willing to share information with other members. Most of the information contained in this website is available to the public. At SIPA we are collecting information that we believe could be helpful to those members with a complaint.

If you are involved in civil litigation, your lawyer will be aware of all the cases which may have impact on your case. A number of cases are listed below. Please refer to the section Judgements for more detail regarding Judgements SIPA has on file and available to members with a complaint.

Anger v. Berkshire Group [2001] - ( 4 pages)
Court of Appeal for Ontario

negligence -- fraud -- breach of contract -- breach of fiduciary duty 

Decision that case should go to trial.

Hodgkinson v. Simms [1994] - (61 pages)
Supreme Court of Canada

Fiduciary duty -- Non-disclosure -- Damages -- Financial adviser --Client insisting that adviser not be involved in promoting -- Adviser not disclosing involvement in projects -- Client investing in projects suggested by adviser --Ultimate decision as to whether or not to invest that of client -- Substantial losses incurred during period of economic downturn -- Whether or not fiduciary duty on part of adviser -- If so, calculation of damages.

Contracts -- Contract for independent services -- Breach by failure to disclose -- Calculation of damages.

Laflamme v. Prudential-Bache Commodities Canada Ltd., [2000] - (33 pages)
Supreme Court of Canada 

Civil responsibility -- Securities dealers -- Portfolio manager -- Failure to comply with mandate -- Mismanagement of portfolio of securities -- Point in time when manager’s liability ends -- Obligation of client to mitigate damages -- Quantum of damages.

Mandate -- Portfolio manager -- Scope of mandate and point in time when it ends -- Obligation of client to mitigate damages.

Decision in favour of Plaintiff awards damages, interest, and costs.

Vorvis v. Insurance Corporation of British Columbia [1989]
Supreme Court of Canada 

Contracts -- Damages -- Aggravated damages and punitive damages -- Whether or not available in action for wrongful dismissal.

Decision in favour of Plaintiff awards punitive damages.

Whiten v. Pilot Insurance Co. [2002] - (83 pages)
Supreme Court of Canada 

Damages – Punitive damages – Insurer’s duty of good faith and fair dealing – Insurer contesting fire insurance claim in bad faith __ Whether policy holder entitled to award of punitive damages __ Whether jury award of $1 million in punitive damages should be restored.

Decision in favour of Plaintiff awards damages and punitive damages.

Zraik v. Levesque Securities [1999] - (26 pages)
Ontario Superior Court of Justice - Archibald J.

breach of duty of care -- breach of fiduciary duty -- negligence in allowing the plaintiffs to trade while recklessly disregarding the rules, regulations and industry standards concerning, in essence, position and margin limits 

Decision in favour of Plaintiff awards damages, interest, and costs.