The use of a comprehensive research report is reasonable basis for a buy or sell recommendation. The fair-dealing standard has not been violated, as neither client was put at a disadvantage by the advice, even though the analysts’ advice was contradictory. The fair-dealing standard requires the notification of clients who trade in opposition to the firm’s official recommendation, so the trade should not be executed until the client is told about the firm’s buy rating. While Sandro’s advice differs from that of her colleague and is based on a competitor’s research, she did not necessarily breach a fiduciary duty, if the investment made sense for the client. There are numerous investments that are appropriate for certain types of clients and inappropriate for others. |
