Contact us
Compagnie abg conseils juridiques accompanies you in all your legal issues. Contact us for a consultation.
What is professional liability in Quebec?
Professional liability in Quebec is governed by the Civil Code of Quebec (articles 2098 to 2100), which defines the obligations of professionals towards their clients. When a lawyer, notary, doctor, accountant or any other professional commits a fault in the performance of his duties, he engages his civil liability and can be sued for damages.
According to the Office des professions du Québec (OPQ), all regulated professionals must practice their profession in accordance with the standards of their respective professional order. Violation of these standards may result in both civil and disciplinary remedies.
ABG CJ Company, a law firm specializing in commercial civil litigation, assists clients facing professional liability situations. Understanding your rights is essential to getting redress.
The three conditions of professional liability
To engage the liability of a professional in Quebec, three fundamental elements must be established:
1. Professional Misconduct
The fault lies in a breach of professional duties. This can be negligence, omission, error in judgment, or failure to meet the standards of the profession. For example, a lawyer who forgets a statute of limitations is committing serious misconduct towards his client.
2. Damage
The customer must have suffered real and quantifiable harm – financial loss, legal delay, additional costs, or suffering. Mere dissatisfaction without material impact is not enough to establish damage.
3. The causal link
It is necessary to demonstrate that the fault of the professional directly caused the damage. This cause-and-effect relationship must be clear and established on a balance of probabilities.
Types of Professionals and Disciplinary Orders
| Profession | Professional | OrderExample of fault |
|---|---|---|
| Lawyer | Quebec Bar | Failure to comply with a limitation date, failure to provide adequate representation |
| Notary | Chambre des notaires du Québec | Defective drafting of a deed, omission of advice |
| Doctor | Collège des médecins du Québec | Misdiagnosis, treatment without consent |
| Accountant | QuebecCPA Order | Serious accounting errors, inadequate tax advice |
| Engineer | Ordre des ingénieurs du Québec | Faulty plans, insufficient supervision |
Evidence of Professional Liability
One of the major difficulties in professional liability cases is to establish proof of fault. The plaintiff (the aggrieved client) must generally prove that the professional has acted contrary to the standards of his profession.
To do this, it is common to call on an expert in the same professional field to testify that the defendant’s behaviour deviates from accepted practices. An independent expert opinion is often decisive in these disputes.
The burden of proof rests on the balance of probabilities – it is sufficient to demonstrate that it is more likely than not that the fault occurred and caused the damage.
Available remedies
In the event of professional misconduct, the aggrieved client has several options:
Complaint to the professional order
Each professional is subject to a disciplinary order. A complaint can be filed with the syndic of the order concerned. This procedure aims to sanction the professional on the disciplinary level (reprimand, disbarment, suspension).
Civil lawsuit
The customer may bring an action for damages in the civil courts. This is the only way to obtain financial compensation for the damage suffered. A civil commercial litigation action may seek the recovery of costs, interest and moral damages.
Recourse to the property manager
The syndic of the professional order investigates complaints and may refer the matter to a disciplinary council. This route is free or at low cost to the complainant.
Complaint to the Order vs. Civil lawsuit
| Appearance | Complaint to the College | Civil lawsuit |
|---|---|---|
| Objective | Disciplining the professional | Obtaining financial redress |
| Organization | Professional order (syndic) | Civil Court |
| Cost | Free or minimal | Court costs and legal fees |
| Duration | Typically 1-2 years | Often 2-5 years |
| Compensation | None (disciplinary) | Possible damages |
Specific limitation periods
In Quebec, the limitation period for bringing a professional liability action is generally three years from the discovery of the damage. However, this period may be suspended or interrupted in certain circumstances.
It is crucial to act quickly. If the deadline has passed, you will lose the right to bring an action. For complaints to professional orders, the deadlines may be different depending on the order.
If you have a question or have discovered malpractice, ABG CJ recommends that you consult a lawyer specializing in mediation and dispute resolution as soon as possible to preserve your rights.
Our civil litigation lawyers near you
Professional liability claims require specialized expertise in civil law. The ABG&CJ Lawyers team assists victims of malpractice in Montreal, Longueuil, Laval, Brossard and on the South Shore. Our lawyers assess the fault, the damage suffered and the chances of success before initiating proceedings.
Related articles
Also consult our guides on formal notice in Quebec, extinctive prescription periods, and neighborhood disturbances in Quebec.
Frequently Asked Questions
How long does it take to receive compensation for malpractice?
A professional liability action generally takes 2 to 5 years depending on the complexity of the case and the appeals. A complaint to the professional order can be resolved more quickly (1 to 2 years), but does not lead to financial compensation.
Do I have to file a complaint with the College or file a civil suit first?
These two remedies are independent. You can sue one, the other, or both. However, a complaint to the order does not wait, whereas a civil action must respect a three-year limitation period. It is often strategic to consult a lawyer before choosing your approach.
What is the probability of winning a professional liability action?
This depends heavily on the quality of the evidence, including expert opinion. Cases where the fault is well documented and the causal link is clear have a better chance of success. Each case is unique.
Can I sue a professional after several years?
No, not beyond the three-year statute of limitations. This period starts from the day you discovered or should have discovered the damage. Failure to comply with this limit will result in the rejection of your action.
Is there insurance covering professional liability?
Yes, most professionals are covered by professional liability insurance. This insurance may cover some or all of the damages awarded, under certain conditions.
