Please note that the following complaint procedure specifically applies if: (A) you are a client of RFO Capital Inc., an affiliate of Richter LLP, that is registered in Québec, Ontario, British Columbia, Alberta and Saskatchewan as a Portfolio Manager and Exempt Market Dealer, and (B) your complaint is regarding services rendered by RFO Capital Inc.
WHAT TO DO IF YOU HAVE A COMPLAINT
Filing a complaint regarding our services
We make sure complaints are assigned quickly and processed in a timely manner.
What is a complaint?
A complaint expresses a reproach or dissatisfaction in respect of the services or products we offer and your expectation that we take action to address the complaint. You may, for example, expect a refund from us or for us to take action to address the situation giving rise to your complaint.
How to file a complaint?
You can file a complaint with our Chief Compliance Officer by whichever means is convenient for you. You may also complete the form from the Autorité des marchés financiers (Québec). We can help you file your complaint.
Questions? Contact us to find out how we process complaints.
Phone: (514) 934-3562
E-mail: mmayman@richter.ca
Mail:
RFO Capital Inc.
1981 McGill College, Suite #1100
Montreal, QC H3A OG6
Steps in the complaint process
For certain complaints, we may follow a simplified process whereby we try to propose a means of resolving the situation. The simplified process is described below. If we are unable to resolve your complaint according to this process or if the nature or complexity of your complaint is such that the complaint does not lend itself to the simplified process, then the complaint is processed according to the following steps.
1. We acknowledge receipt of your complaint
We send you an acknowledgement of receipt in writing within 10 days of receipt of your complaint.
2. We analyze the complaint
We make sure we understand your complaint and what you expect from us. If necessary, we will contact you to request additional information.
3. We provide a written final response
We provide you with a final response in writing within 60 days. In our response, we will explain how we analyzed your complaint and what led to our response and, if possible, the proposed solution to your complaint.
Contact us if you have any questions or comments regarding our response.
Extension of the period for providing our final response
Your complaint may take longer to process or be more complex than anticipated, in which case we may determine that additional time is required for the analysis of your complaint. The additional time may not exceed 30 days. We notify you in writing, indicating the circumstances warranting the extension.
4. Assessment of the offer and resolution of the complaint
Take time to review our response or assess our offer to resolve your complaint. If we present an offer, we will give you time to assess and respond to it. The amount of time we give you should provide you with sufficient opportunity to seek the advice you need to make an informed decision. You can decide whether to accept or refuse the offer, or you can present a counteroffer.
Once we reach an agreement with you to resolve your complaint, we must give effect to the offer within 30 days unless we agree upon a different time period with you when it is in your interest to do so.
5. Complaint record
For each complaint, we create a record in which we keep all the information or documents required for the processing of your complaint.
Simplified process for certain complaints
We may follow a simplified process for certain complaints. This process is for complaints that we can resolve to the client’s satisfaction within 20 days.
We consider a complaint to be resolved to your satisfaction when you accept our proposed solution to your complaint or when the explanations we provide to you are sufficient to resolve your complaint.
Under the simplified process, complaints may be referred to a member of our client service team and handled verbally (e.g., in a phone call).
If we cannot propose a satisfactory solution or provide sufficient explanations to resolve your complaint under this process, we will notify you in writing. Your complaint will continue to be processed, but in accordance with the steps in the complaint process described earlier.
The time that we take when trying to resolve your complaint under the simplified process does not have any effect on our obligation to provide you with our written final response within the required time.
Examination of the Complaint Record by the AMF or OBSI
1. The AMF
If you are a resident of Québec, you can contact us to request to have your complaint record examined by l’Autorité des marchés financiers (Québec) (the “AMF”) at any time if you are not satisfied with the response we provided or how your complaint was processed. We are required to send your complaint record to them no later than 15 after receiving your request. You may also contact the AMF directly at www.lautorite.qc.ca or by phone at 1- 877-525-0337.
The AMF’s services are free of charge to you.
2. OBSI
If you are a resident of any other province, you may be eligible for the Ombudsman for Banking Services and Investments’ (“OBSI”) independent dispute resolution service if: (A) we do not provide our decision within 90 days after you made your complaint, or (B) you are not satisfied with our decision.
Time limit: if you are not satisfied with our decision, you have up to 180 days after we provide you with our decision to take your complaint to OBSI.
OBSI’s services are free of charge to you.
You can contact us to request to have your complaint record examined by OBSI. We will send your complaint record to them no later than 15 days after receiving your request. You may also contact OBSI directly by e-mail at ombudsman@obsi.ca or by phone at 1-888-451-4519 or 416-287-2877. Information regarding OBSI is also available at www.obsi.ca.
Once OBSI has completed its investigation, it will provide its recommendations to you and us. OBSI’s recommendations are not binding on you or us. OBSI can recommend compensation of up to $350,000. If your claim is higher, you will have to agree to that limit on any compensation you seek through OBSI. If you want to recover more than $350,000, you may want to consider another option, such as legal action, to resolve your complaint.
While the services of the AMF or OBSI may be available to you, this does not restrict your ability to take a complaint to a dispute resolution service of your choosing at your own expense, or to bring an action in court.
Keep in mind there are time limits for taking legal action.