Frequently asked questions
- What happens when I send in the complaint form?
- Is the investigation private?
- How is the investigation handled?
- Will the Investigator's report make recommendations?
- What if the bank refuses to follow the recommendations?
- What about limitations
periods for going to court?
- Will ADRBO keep statistics?
- Who is on the ADR Chambers Banking Ombuds office team?
What happens when I send in the complaint form?
Upon receipt of your Complaint form and supporting documents, an ADRBO representative will contact you. If your complaint is within the ADRBO mandate, you will be asked to sign a Consent and Confidentiality Agreement (Download sample PDF). After you sign the Agreement, ADRBO will determine if an investigation is necessary. You will be given the name and contact details of the Investigator assigned to your complaint if one is assigned.
Is the investigation private?
Yes, the Investigation process is private and confidential and the information you provide will not be disclosed to the public (subject to the terms and conditions set out in the Consent and Confidentiality Agreement). Each Complainant and the bank concerned will have the opportunity to disclose information and documents to the Investigator. The information you provide to the Investigator may be disclosed to the bank only with your permission.
How is the investigation handled?
ADR Chambers Banking Ombuds Office strives to ensure that all investigations are conducted in an objective, impartial, fair and thorough manner while respecting the rights and time constraints of the individuals involved.
- The Investigator will be familiar with and honour privacy rules and privacy legislation;
- The Investigator will be guided by rules of procedural fairness;
- The Investigator may look for opportunities to promote a mutually-agreeable resolution of the complaint;
- The Investigator will identify the people to be interviewed and determine what documentary information needs to be supplied to the Investigator;
- The Investigator will obtain the necessary consents to conduct the investigation;
- The Investigator will review documents and contact the parties by phone to get a preliminary understanding of the complaint;
- The Investigator will organize documents and other evidence in a methodical manner, ensuring a chain of custody where required;
- If appropriate and practical, the Investigator will attend physical sites;
- Interviews are conducted as soon as possible after it is determined that an investigation is necessary;
- Interviews may be conducted by phone or in person, as appropriate;
- A second Investigator may be present at an interview;
- People being interviewed will be provided with a description of the complaint with enough detail to make the interview meaningful and so that no one who is interviewed will have cause to feel misled about the purpose for the interview;
- Confidentiality issues are discussed with interviewees to determine what information may or may not be disclosed to others;
- The Investigator will attempt to gather information about the background leading to the complaint, the actions that occurred that caused the complaint and any efforts to remedy the conduct complained of;
- The Investigator will use a combination of questioning techniques to obtain information;
- The Investigator will assess the credibility of the people being interviewed. Where there is contradictory evidence, this will be noted in the report and the Investigator will fill in gaps to the extent possible;
- Where there is conflicting evidence, the Investigator's report will contain the Investigator's opinion of the facts, based on the evidence obtained and an assessment of the credibility of the interviewees;
- The Investigator will solicit expert or technical advice, where appropriate;
- The investigation report will set out the allegations, the relevant evidence and an analysis of the evidence;
- The Investigator's report will also contain conclusions, either rejecting the complaint on its merits or making specific recommendations; and
- Before producing a final report, the Investigator will provide a draft report to both sides to allow them to identify any inaccuracies in the report and respond if they so choose.
Please refer to our full Terms of Reference (Download PDF) for more information.
Will the Investigator's report make recommendations?
Yes, the report may make recommendations.
What if the bank refuses to follow the recommendations?
If the bank refuses to
follow the Investigator's recommendations, the
Investigator's report, including the recommendations, will
be posted on the ADRBO website. Any information in the
report that would allow people to be identified will be
removed to protect privacy.
What
about limitations periods for going to court?
There may be time
limits within which you must commence a lawsuit or lose
your right to sue. These “limitation periods” vary from
issue to issue and province to province. While
participating in the ADRBO process does not automatically
stop these limitation periods from running or extend them,
the participating banks have undertaken to suspend, where
permitted by law, the running of any applicable limitation
period prescribed by law for the period of time a
complaint is under review by ADRBO. This suspension of the
limitation period shall begin at the time the bank
receives a signed copy of the ADRBO Consent and
Confidentiality Agreement signed by the complainant and
ends thirty days after ADRBO transmits its final report to
the complainant, or after ADRBO closes the file for any
other reason. ADRBO does not provide any legal or other
advice with respect to limitation periods and recommends
that you seek the advice of a lawyer on this issue.
Will ADRBO keep statistics?
The ADR Chambers Banking Ombuds Office will maintain a website available to the general public that will allow visitors to view an annual report containing statistics and other general information of the complaints it has processed in the year (with all identifying information removed to protect the confidentiality of the people involved). The website will also allow visitors to see any Investigators' recommendations that have not been accepted by the banks.
Who is on the ADR Chambers Banking Ombuds office team?
Complaints will be handled by the ADR Chambers Banking Ombuds Office staff. The Ombuds is Bette Shifman, the Deputy Ombuds is Larry Herman, and the Administrator is Josée Thibodeau.