(February 8 – 17:40 ET) – A British Columbia Supreme Court judge has ruled against a couple of brokers in a ruling on costs arising from a lawsuit filed by a former client.

The Hon. Mr. Justice B.F. Ralph ruled in favour of Jacqueline Turcotte, a former client of Robert Semple and Robert Tassone at Global Securities Corp., awarding her costs arising from a lawsuit she filed against the pair for breach of common law and breach of fiduciary duty.

The case was heard last August, and the defendants were found liable for a $25,138 judgement. Turcotte sued for about $88,000, arguing that the brokers were negligent in managing her investments. A number of her accusations were not proven at trial.

The brokers argued that since the plaintiff did not succeed on all of the issues that she raised, she should not be awarded full costs. The asked that neither side receive costs.

The judge found that the key issue in the trial was whether there was a fiduciary relationship between the broker and the client, and that deciding that issue required a full review of the relationship. “In my view, the fact that the plaintiff failed to succeed in proving a number of her allegations did not substantially prolong the determination of that issue or of the trial.” As a result, the court decided she deserved to her costs picked up by the brokers.
-IE Staff