Miller v. RBC Dominion Securities Inc.
Raymond Miller
Tauram Inc.
RBC Dominion Securities Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

J.S. Forstrom

Bruce Crowle
Law Firm / Organization
Not Specified
Lawyer(s)

J.S. Forstrom

Background: Raymond Miller, a businessman managing commercial properties through Tauram Inc., opened investment accounts with RBC Dominion Securities Inc. in 2006. Initially managed by another advisor, these accounts were transferred to Bruce Crowle in 2010. Miller placed $250,000 in each account, which grew to $385,000 by 2010. The accounts were governed by advisory agreements, meaning Crowle could not make independent investment decisions without Miller's approval.

Legal Arguments/Issues: The appellants alleged negligence and breach of contract due to the mismanagement of their investment portfolios. They claimed:

  • Failure to adhere to investment objectives.
  • Unauthorized changes to risk profiles in KYC forms.
  • Failure to follow explicit investment instructions, such as using stop losses and the "go away in May" strategy.

The trial judge found that while the respondents breached the duty of care by amending KYC forms without the appellants' knowledge, the appellants did not suffer any losses as a result. Therefore, the claims of negligence were dismissed.

Judgment: The trial judge dismissed the claims, finding the majority of the appellants' grounds of appeal related to findings of fact, which were given deference. Adverse credibility findings against Mr. Miller were also determinative.

Costs/Award: The appeal was dismissed, and there was no award in favor of the appellants. The document did not specify the total amount of costs awarded to the successful party, the respondents.

Court of Appeals for British Columbia
CA48248
Civil litigation
Respondent