BDO Reports on Buckingham Securities
Click here to view details of all current Reports to date.
Using this Website
This Website provides information intended to bring you up-to-date on BSC's current situation. The navigation bar has several information categories. You can access by clicking on the selected individual heading. The navigation bar includes the Receiver's Notice; past Receiver's correspondence to customers and other creditors; and Common Questions and Answers.
History of BSC's Receivership
All trading is currently frozen by Court Orders and the Receiver is unable to transfer, trade or return any securities without any further Court direction. An initial Receiver's Report and Application to the Court was filed in August 2001 with a hearing set in mid-September 2001.
Financial Status of BSC/Timing
Ordinarily investment dealers have cash funds and securities owing to and from clients; cash funds and securities owing to and from other brokers; and various other assets and liabilities, all balanced and supported by capital introduced by the investment dealer's shareholders. With sufficient capitalization as required by regulation, customers/investors are normally protected with sufficient liquid and other assets available to fulfill the investment dealer's day-to-day obligations.
Unfortunately, it appears that BSC was undercapitalized with losses impacting upon its customers. That is, there is insufficient cash and securities available to fulfil its customer and other creditor obligations. With only a few exceptions, such as RRSP's, customer securities were not segregated nor registered as "customer-owned" securities. This means a probable loss for all BSC customers and other creditors. Until a realization can be affected or a plan of arrangement implemented, the amount of individual customer and creditor losses cannot be determined. The problems facing BSC and the complexities of its financial affairs render this a potentially prolonged process.
Limited Loss Protection
Although BSC was registered under the regulations of the Ontario Securities Commission, it was not a member of the Investor's Dealers Association. In such cases, there remains an investor protection fund (Ontario Contingency Fund) that is administered by a separate trustee/administrator which may provide some possible relief for BSC's customers. The Receiver has approached this administrator and determine that the loss compensation available has not been committed. Initial indications, however, suggest that any available funds are limited and may not cover the full anticipated losses of BSC's customers.
Current Developments
Where major developments involving BSC's customers and creditors arise, the Receiver will be providing 'Current Development' updates chronologically. These will be accessible on the side bar of this website.
February 18, 2021
Updates
- December 11, 2006
- September 16, 2003
- January 27, 2003
- October 23, 2002
- September 13, 2002
- June 12, 2002
- May 27, 2002
- February 27, 2002
- December 21, 2001
- November 29, 2001
- September 5, 2001
- August 13, 2001
September 11, 2020
Reports
- Report 1 - August 28, 2001
- Report 2 - October 2, 2001
- Report 3 - October 17, 2001
- Report 4 - October 25, 2001
- Report 5 - December 12, 2001
- Report 6 - March 8, 2002
- Report 7 - March 27, 2002
- Expert Witness Report
- Report 8 - March 27, 2002
- Report 9 - April 3, 2002
- Report 10 - May 17, 2002
- Report 12 - October 2003
- Report 13 - January 21, 2004
- Report 14 - February 23, 2004
- Report 15 - April 30, 2004
- Report 16 - July 9, 2004
- Report 17 - November 10, 2004
- Report 18 - November 26, 2004
- Report 19 - June 9, 2006
- Report 21 - May 2, 2007
- Report 22 - October 13, 2017
- Report 23- September 8, 2020
Court Orders
Septemebr 8, 2020
A hearing has been scheduled for 9:30am on September 30, 2020 where the Receiver will request an order from the Court (a) approving its fees and disbursements and those of its counsel, (b) releasing the Receiver and its counsel from certain claims, and (c) discharging the Receiver. The Motion Record for this hearing will be posted on this website immediately after it is served on the service list.
- Original Court Order - July 26, 2001
- Reasons - Priority of Latimer's Claim - October 17, 2002
- Oral Reasons - Priority of Receiver's Costs Over Latimer's Claim - November 4, 2003
- Court Order - February 27, 2004
- Court Order - May 10, 2004 - Approving Latimer Settlement
- Court Order - November 22, 2004
- Court Order - November 22, 2004 - Claims Bar Order
- Court Order - November 26, 2004 - Amended Claims Bar Order
- Court Order - May 15, 2007
- Court Order - July 12, 2017 - Class Action
- Court Order - September 30, 2020
Latimer Settlement
Service List
Common Questions
Q #1) How long will this process take and when can I get my cash and/or securities back?
A) Unfortunately, an estimate of the extent or length of time that this process will take is not possible due to a number of impacting situations. These include the shortfall in cash and securities available to meet BSC's customer obligations; the claims to security over various marketable securities that would otherwise be available to customers that have been asserted by certain unpaid creditors; and, the indefinite collectibility of significant debts owed to BSC by various parties. The Receiver's website will provide updates and notices of ongoing developments in an effort to keep you informed.
Q #2) Can I transfer my RRSP's to another broker?
A) Yes – But only where the securities are clearly 'customer owned' (i.e. registered in your name and held in trust). In such cases, arrangements can be made by contacting your current plan holder directly.
Q #3) Can I transfer the securities in my BSC account to another broker of my choice?
A) Not at this time. The Court extended a 'freeze' on all trading of securities by or for BSC following an application by the Ontario Securities Commission. Further, BSC, at this time, does not hold sufficient securities to satisfy the claims of its customers.
Q #4) Will I get the cash BSC owes to me as well as my securities back when this is all over?
A) The Receiver cannot confirm the form or extent of any distribution of either cash balances or securities owing to BSC's customers. The reasons for this indefinite situation and the timing problems for any distribution are explained in our Release #1 (available through the BSC website or directly upon request from the Receiver).
Q #5) What if I don't want you to sell my securities as the market isn't favourable?
A) For the shortfall and available total securities to meet the corresponding obligations to BSC's customers and due to the fact that BSC did not segregate or register most securities for their various customers, direct physical identification of 'your' securities is not possible. No sale or liquidation of the available securities will be made, however, without seeking the directions of the Court.
Q #6) I do not agree with the balance on my 31 July 2001 statement. What do I do?
A) As stated in the Receiver's letter of 13 August, 2001, please review the statement that was enclosed and send a written response to the Receiver with the details of any differences. The Receiver will review your account on an individual basis as it reconciles BSC's customer accounts.
Q #7) My 31 July, 2001 statement is correct, is there anything you need from me?
A) The Receiver still requires your written confirmation of the accuracy of that statement if you have not already forward your confirmation.
Q #8) I received a request for payment of an outstanding balance on my account due to BSC. What should I do?
A) As the Receiver's letter states, where you agree with the balance owing, where the statement is accurate, please forward your payment to BDO Dunwoody Limited, Receiver for BSC, P.O. Box 33, Royal Bank Plaza, Toronto, Ontario, M5J 2J9.
Q #9) I've made payments to BSC for my account but these payments do not seem to have been applied to the outstanding balance.
A) Please assemble and forward to the Receiver proof of all such payments. We will require copies of cancelled cheques and correspondence along with copies of your prior statements.
Q #10) I am a BSC customer but I have not received any correspondence from the Receiver. Why?
A) To date, the Receiver has mailed correspondence to creditors and clients on 31July 2001 and 13 August 2001. Many responses have revealed incorrect addresses on file and efforts are being made to update BSC's records. If you have not received anything thusfar, please contact the Receiver in writing at P.O. Box 33, Royal Bank Plaza, Toronto, Ontario, M5J 2J9 and provide us with your name, address and the details of your account. The Receiver's website contains copies of previous creditor/client mailings.
The information above is compiled from the majority of telephone calls that BDO Dunwoody Limited has received regarding the receivership of Buckingham Securities Corporation. Unfortunately the receiver has been unable to return calls for all the client messages, therefore we have set up this website to answer the most common of the questions related to our administration of Buckingham Securities Corporation. At this time we are unable to answer queries for individual accounts and ask that you put these queries in writing and send to:
BDO Dunwoody Limited
20 Wellington Street East, Suite 500
Toronto, ON M5E 1C5
Canada