Year of Call

Ontario, 1989
British Columbia, 2012

Education

LL.B., Osgoode Hall Law School, 1987

B.Comm. (with Great Distinction), McGill University, 1984

Ellen Bessner

Ellen Bessner is a litigation partner whose practice focuses on acting for corporations and individuals in commercial litigation, regulatory defence, professional liability, securities class action proceedings, and employment disputes. She has developed a special niche representing public issuers, investment dealers, mutual fund dealers, Portfolio Managers, compliance officers, branch managers/supervisors, and advisors in Ontario courts of all levels and at various regulatory tribunals, including FSCO, MFDA, IIROC and OSC. She has also developed an expertise advising directors and senior officers in respect of company and personal risk.

Ellen’s well-regarded book, Advisor at Risk, a Roadmap to Protecting Your Business, available at Chapters/Indigo, is considered a leading risk-reduction tool in the area. Ellen has developed comprehensive programs to instruct advisors/agents/traders and their supervisors in reducing litigation and regulatory risk, presenting on liability, ethics and compliance. Her courses qualify for continuing education credits.

She is a frequent speaker at industry conferences, writes for national, business and industry press, has appeared in television media interviews and is quoted in numerous publications on issues related to litigation, regulatory and employment matters. Most recently, she chaired and presented at the Securities Litigation (Investigation - Enforcement - Litigation - Dispute Resolution) Conference presented by Insight Information. Ellen was appointed to the discipline board for Certified Management Accountants.

TO PURCHASE: Advisor at Risk is available at Chapters/Indigo or for corporate volume discount pricing contact Ellen Bessner, Author or Penny Shore, Publisher.

Ellen's experience includes:

Retained to represent Advisors in litigation defending against complaining clients in respect of suitability and discretionary trading.
Retained to represent Advisors at FSCO, MFDA and IIROC in respect of allegations of compliance infractions.
Defending Dealers in actions by Advisors and Traders for wrongful dismissal.
Retained to represent several investment Dealers in the Portus class action proceedings and settled the matter favourably for her clients before the class was certified.
Represented dually licensed Advisor in FSCO penalty hearing in which staff sought a suspension.
Represented securities Dealers and settled on very favourable terms a multi party case in proceedings claiming investment losses and leverage loans.
Represented employers in wrongful dismissal matters as well as supports companies with terminations and the negotiation of contractual terms and conditions. Successfully defended a $6,000,000 claim at trial and at the Court of Appeal for wrongful dismissal and other claims: David Samuel Solomon v. Levesque Securities Inc. [1997] O.J. No. 3733 (C.A). She also represents clients at the Human Rights Tribunal concerning allegations of discrimination.
Represented branch manager in Market Regulation Services (RS) matter in which his supervision was in question. RS found against the branch manager but ordered that he not be penalized or suspended for the alleged infraction.
Represented branch manager at the IDA whose licence was suspended and was able to successfully contest the suspension to reinstate his license.
Represented Advisors in regard to allegations by the MFDA that Advisors were engaging in outside business activities and other infractions.
Represented securities Dealers in matters in which several clients commenced proceedings alleging unsuitable investments and unsuitable strategies including leverage loans.
Represented limited market Dealers at the OSC in regard to issues of suitability.

Dealer Presentations

Ellen has provided presentations to bank owned and independent dealers, insurance companies, MGAs and Brokers across Canada from the 1990s to present on issues of compliance. She has attended every major city across Canada to teach advisors and agents how to manage their businesses to protect themselves and minimize the risk of litigation and regulatory enforcement matters. More recently, she is providing training that complements her best-selling book entitled Advisor at Risk, A Roadmap to Protecting Your Business. She has also developed and provided online training. Below is a list of some of the titles of her programs:

Advisors at Risk, a roadmap to protecting your business (IIROC, MFDA, FSCO)
Branch Managers at Risk, a roadmap to protecting your business
The 10 Commandments of Managing Your Business to Protect Yourself
The Professional Advisor
The Expert Advisor
Rogue Clients - Identify and Manage
How to Manage Clients' Expectations and More
How to Build a Compliant Business
Risks, Identify and Resolve
Teach Advisors to Protect Themselves
The Paper Trail
The Credibility Battle
How to Prepare for Future Challenges
Seniors - This is a Different Market
Products - What You Need to Know
Limited Market Dealers and Compliance
Compliance Issues for Those Buying or Selling a Book of Business (Insurance/MFDA)