Investor advocate isn't perfect, but it's worth fighting for
No one is more friendless than small investors when they’re in a dispute they can’t resolve with a big financial firm.
Really, their only ally is the Ombudsman for Banking Services and Investments, which decides in favour of the financial industry more often than it does for individuals. Somehow, though, OBSI has annoyed some of the country’s biggest financial companies.
Frankly, it’s hard to imagine a stronger endorsement of the job OBSI is doing. And yet, this court of last resort for the small investor is at risk of being sidelined into irrelevancy.
Financial industry regulators have helped to beat back a recent offensive against OBSI by a group of firms that includes RBC Dominion Securities, TD Waterhouse, Manulife Financial and Investors Group. But a potential new risk has emerged through a federal government initiative affecting dispute-handling in the banking sector.
You may never have heard of OBSI and you probably won’t ever need it. But if you value the idea of having a no-cost, impartial place to take unresolved disputes with the financial industry, take a moment to tell regulators and government you back OBSI (see sidebar).
OBSI, founded in 1996, is funded by the financial industry and run by a board with a majority of independent members. This organization is not perfect. Bogged down by complaints from investors who got burned in the 2008-09 stock market crash, it’s not turning around cases as fast it’s supposed to. And from the investor’s point of view, OBSI takes the side of the industry in roughly two-thirds of cases.
“They appear to take the position of the broker at face value, and they grill our clients like crazy,” said John Hollander, an Ottawa lawyer who specializes in cases of allegedly wronged investors and has had some dealings with OBSI.
Alternatives
Even this level of investor advocacy is apparently too much for some of the biggest names on Bay Street. In an e-mail, an RBC spokeswoman said the bank strongly supports the existence of an independent dispute-resolution service, but it’s not satisfied with OBSI. “We do feel there are significant flaws with OBSI’s governance, service level and complaint adjudication process, which ultimately compromise its ability to appropriately address investor concerns,” she wrote.
RBC dropped out of the banking side of OBSI a couple of years ago (you can choose to use an alternative on the banking side, but not for investing disputes) and now uses an arbitration service called ADR Chambers, where retired judges, lawyers and dispute-resolution professionals rule on cases. Recently, RBC and some other firms asked regulators for leave to use ADR for investing disputes and were rebuffed.
Impartial Service Group - News

Some big financial firms aren't happy with the Ombudsman for Banking Services and Investments, which provides a free, impartial service for resolving disputes between individuals and banks and investment firms. Here's how you can help preserve OBSI's
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