Sunday, August 19, 2018

The final insult for victims of financial Assault - the RELEASE form

The odds are that sometime during your investing lifecycle you will file a complaint with your investment dealer. The odds are also high the dealer will deny any responsibility for your losses. In those cases where they do concede some liability for the losses, they may agree to partially compensate you. In order to receive any compensation they will insist you sign a RELEASE form. If you don't sign you will not get your money back no matter how valid your complaint. You will then have to use the Ombudsman for Banking Services and Investments which does not provide a binding decision or proceed to costly , aggravating civil litigation.

In case you’ve wondered what a RELEASE form looks like we present a typical example here. If you think the deal is one-sided and ugly, you are right, it is. If you think some sharp lawyer working for the dealer crafted this document , you are right again.Note also this RELEASE serves as a Gag order in that you effectively cannot reveal what happened to you. Most Canadians are shocked that such silencing of a complainant is permitted in Canada. Many regard their experience with the financial services industry complaint system as life -altering. The possibility of a #MeToo movement is stirring against financial assault.

Investment Complaint handling in Canada  definitely isn't " If you're not satisfied, your money will be cheerfully refunded"  .This blog should open your eyes to Bay Street tactics to keep details of client complaints from the public. Be AWARE. 

To obtain a deeper understanding on how Bay Street can adversely impact the lives of Canadians visit Listen to the Voices. 


IN CONSIDERATION of the payment by Big Bank Dealers Inc. ( BBDI) of the sum of $XXX.00 in Canadian Currency (Cdn) and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged) to Mr. I.M. Canadian for and on his own behalf and for and on behalf of his agents, heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), the Releasor does hereby fully and finally release and forever discharge BBDI, together with each of their associated, affiliated, related and predecessor companies, partnerships and entities, as well as each of their respective directors, officers, shareholders, employees, servants, agents and insurers and each of their respective successors and assigns or any other person for whom they may be responsible in fact or in law (hereinafter collectively referred to as the “Releasees”), from any and all actions, causes of actions, judicial proceedings, suits, claims, demands, debts, dues, accounts, bonds, contracts and covenants, whether express or implied or direct or indirect, and for damages, indemnity, costs, interest, loss or injury of every nature and kind whatsoever and however arising which the Releasor may have had, may now have or may in the future have for or by reason of any cause, matter or thing whatsoever existing and, without restricting the generality of the foregoing, all claims and demands arising in, out of or in any way connected, directly or indirectly, with BBDI  Accounts 123-45678 and 123-45679 up to and including this day.

AND FOR THE SAID CONSIDERATION, the Releasor further agrees not to make any claims or to commence or maintain any action or proceeding, either directly or indirectly, whether in Canada or elsewhere, on his own behalf or on behalf of any class or any other person, against any other person, corporation or other entity in which any claim could arise for contribution or indemnity or any other relief over, against the Releasees (all the claims described in this paragraph are referred to as a “Prohibited Proceeding”).

THE RELEASOR agrees that in the event he commences a Prohibited Proceeding, and either or both of the Releasees are added in any capacity or manner whatsoever to such proceeding:

(a)         the Releasor will:

i.         immediately discontinue the Prohibited Proceeding; and

ii.         be liable for all legal and related costs incurred by the Releasees in connection therewith;

(b)         this Release:

i.         shall operate conclusively as an estoppel in the event a Prohibited Proceeding is commenced;

ii.         may be pleaded as a complete defence and reply in the event a Prohibited Proceeding is commenced; and

iii.         may be relied upon in any proceeding to dismiss a Prohibited Proceeding and no objection will be raised by the Releasor to the effect that other parties to the Prohibited Proceeding are not parties to this Release.

THE RELEASOR represents and warrants that he has not assigned to any person or corporation or other entity any claim which has been released by this Release.

THE RELEASOR acknowledges that before signing this Release, he has been afforded the opportunity to, or did in fact, seek independent legal advice in connection with all of the matters which are the subject hereof. The Releasor voluntarily accepts the consideration offered for the purpose of making full and final compromise and settlement of all claims as aforesaid.

IT IS UNDERSTOOD AND AGREED that the aforesaid consideration is deemed to be no admission of any liability or obligation of any kind whatsoever on the part of the Releasees.

IT IS FURTHER UNDERSTOOD AND AGREED that the Releasor hereby undertakes and agrees not to disclose the terms of the settlement and this Release to any third party without the prior written consent of the Releasees, except as required by law and except for any communications with securities regulatory and self-regulatory organizations.

THE RELEASOR AGREES that should he breach any terms of this Release, there shall be a complete failure of consideration in favour of the Releasees, and accordingly, they shall be liable, in addition to any other remedy the Releasees may have, to repay to the Releasees any and all of the consideration received in accordance with the terms of this Release.

THE RELEASOR UNDERTAKES AND AGREES to cooperate with the Releasees to execute and deliver such further and other documents as may be reasonably required to give effect to this Release.

IT IS UNDERSTOOD AND AGREED that this Release, once executed, may be retained in electronic form and has the same force and effect as the original executed Release.

IN WITNESS WHEREOF the Releasor has hereto set his hand this ___ day of __________, 2018.

SIGNED in the presence of:



Witness’s signature
Mr. I. M. Canadian







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