Negligence | Professional Negligence
When a professional makes a serious error, the consequences for the people who relied on their advice can be significant and lasting. Professional negligence law gives clients and organizations a mechanism to hold professionals accountable for the harm their failures cause. Our professional negligence lawyers act for both those pursuing professional negligence claims and professionals and their insurers defending them, across Ontario and British Columbia.
Speak With a Professional Negligence LawyerWhat Is Professional Negligence?
Professional negligence arises when a professional fails to meet the standard of care expected of a competent member of their profession, and that failure causes a loss to the person who relied on them. It is a form of negligence law, but it applies specifically in the context of professional services where clients place trust and confidence in the professional's expertise.
To succeed on a professional negligence claim, a plaintiff must establish four elements. First, the professional owed them a duty of care, which in most professional relationships is straightforward to establish. Second, the professional breached the applicable standard of care by acting in a way that a reasonably competent member of their profession would not have. Third, that breach caused the plaintiff's loss. Fourth, the loss suffered was not too remote from the breach to be compensable.
The standard of care in professional negligence law is not perfection. Professionals are not liable for every mistake or every unfavourable outcome. The question is whether the professional exercised the skill, care, and judgment that a reasonably competent professional in their field would have exercised in the same circumstances. Where the answer is no and a real loss resulted, a professional negligence claim may succeed.
Professional negligence claims are technically demanding. Establishing what the applicable standard of care was, proving that it was breached, and demonstrating the causal connection between the breach and the loss typically requires expert evidence from another professional in the same field. A professional negligence lawyer who understands both the litigation process and the substantive professional standards at issue is essential to building an effective claim.
Types of Professional Negligence Claims We Handle
Lawyer Negligence Claims in Ontario and BC
Lawyer negligence claims, sometimes called solicitor negligence, arise when a lawyer's errors or omissions cause a client to suffer a loss they would not otherwise have suffered. Lawyer negligence claims in Ontario and across Canada cover a wide range of failures: missing limitation periods, giving incorrect legal advice, failing to properly review or draft documents, mishandling transactions, and failing to advise a client of a critical risk before they make a decision.
Lawyer negligence claims in Ontario proceed before the Superior Court of Justice. They require expert evidence from another lawyer establishing what the applicable standard of care was and how the defendant lawyer fell below it. The causal analysis in lawyer negligence cases can be complex: the plaintiff must establish not only that the lawyer made an error but that they would have had a better outcome if the error had not been made. We act on lawyer negligence claims for clients who have suffered real losses as a result of their former lawyer's failures.
Accountant and Financial Advisor Negligence
Accountants and financial advisors who provide negligent advice, prepare inaccurate financial statements, fail to identify tax liabilities, or give incorrect guidance on financial decisions can be held liable for the losses that result. These claims frequently arise in the context of business transactions, tax planning, audits, and investment advice. The standard of care applicable to accountants is assessed against what a competent member of the profession would have done in the same circumstances, and expert evidence is typically required to establish both the standard and the breach.
Real Estate Professional Negligence
Real estate agents, brokers, and lawyers acting in property transactions can face professional negligence claims where their errors cause a client to lose money on a transaction, purchase a property with undisclosed defects, or miss a critical deadline or condition in an agreement of purchase and sale. Real estate professional negligence claims require careful analysis of what the professional's retainer covered, what advice was given, and how the outcome would have differed with competent professional guidance.
Medical and Health Professional Negligence
Medical negligence arises when a health professional fails to meet the standard of care applicable to their specialty and that failure causes harm to a patient. While medical negligence is a distinct area of personal injury law, it shares the same foundational elements as other professional negligence claims. We advise on medical negligence claims involving diagnostic errors, treatment failures, surgical complications attributable to negligence, and failures to obtain informed consent.
Engineer, Architect, and Design Professional Negligence
Engineers and architects who make design errors, fail to meet applicable codes and standards, or provide negligent advice in connection with construction or development projects can be liable for the losses that result. These claims frequently overlap with construction litigation and can involve significant damages where structural failures or major design deficiencies are involved.
Insurance Broker Negligence
Insurance brokers owe a duty of care to their clients to place appropriate coverage and to advise on coverage gaps and risks. Where a broker fails to obtain the coverage the client requested or needed, fails to advise on a material risk, or makes errors in the placement of coverage that result in a claim being denied, a professional negligence claim against the broker may be available.
Professional negligence claims require early action. Limitation periods apply and evidence can become harder to gather with time. Call us to assess whether you have a claim.
1-800-771-7882 Talk to a Professional Negligence LawyerWhat Does It Mean to Be Professionally Negligent?
Being professionally negligent means falling below the standard of care that the law requires of a competent member of your profession. That standard is an objective one: it is not about whether the professional tried their best or whether the outcome was foreseeable in hindsight. It is about whether the professional's conduct, assessed at the time it occurred, measured up to what a reasonably competent colleague would have done in the same circumstances.
The standard of care varies between professions and, within a profession, between areas of specialization. A general practitioner is not held to the standard of a specialist in an area outside their field, but a professional who holds themselves out as having specialist expertise is held to the higher standard that specialty entails. A lawyer who practices primarily in real estate and takes on a complex commercial litigation matter without adequate experience or supervision may be held to a higher standard than a general practitioner if they represented themselves as competent to handle the file.
Establishing the standard of care in a professional negligence claim almost always requires expert evidence. A professional in the same field must explain to the court what competent professionals do in the circumstances in question, and then opine on how the defendant's conduct fell short. Finding, instructing, and working with the right expert is one of the most important aspects of building a professional negligence claim.
Causation and Damages in Professional Negligence Claims
Establishing that a professional was negligent is only part of the analysis. The plaintiff must also prove that the negligence caused their loss and that the loss is quantifiable and compensable. These elements are often where professional negligence claims become most complex.
Proving Causation
Causation in professional negligence requires the plaintiff to show that, but for the professional's breach of the standard of care, they would have had a better outcome. In a lawyer negligence claim, that often means establishing what would have happened if the lawyer had done their job correctly: would the plaintiff have succeeded in the underlying litigation, obtained better settlement terms, or avoided the transaction that caused their loss? These counterfactual analyses can be difficult and require careful expert evidence.
The Lost Chance Doctrine
In some professional negligence claims, particularly those involving missed limitation periods or lost litigation opportunities, courts have accepted a lost chance analysis. Rather than requiring the plaintiff to prove on a balance of probabilities that they would have succeeded in the underlying matter, courts in some cases have compensated for the loss of a reasonable chance of a better outcome. The availability and scope of lost chance recovery depends on the facts and the applicable law.
Quantifying the Loss
Professional negligence damages are intended to put the plaintiff in the position they would have been in had the professional not been negligent. Quantifying that loss can require financial modelling, business valuations, or expert evidence about what the plaintiff's position would have been under different circumstances. In complex commercial or transactional professional negligence claims, the damages analysis can be as technically demanding as the liability analysis.
Not sure whether your loss was caused by professional negligence? A professional negligence lawyer can assess the facts and give you a candid view of whether a claim is worth pursuing.
1-800-771-7882 Get Advice From a Professional Negligence LawyerProfessional Negligence Lawyers in Ottawa, Ontario and British Columbia
Professional negligence claims can arise anywhere in Ontario or BC, and the applicable professional standards are largely consistent across the province. There are, however, procedural and practical differences between jurisdictions that affect how a claim is best pursued.
Ottawa Professional Negligence Lawyers
Ottawa is home to a significant concentration of professionals across legal, accounting, engineering, government advisory, and health care fields. Professional negligence claims involving Ottawa-based professionals proceed in the Ontario Superior Court of Justice in Ottawa. Ottawa is also one of three Ontario jurisdictions where mandatory mediation applies to most civil proceedings, which shapes how professional negligence litigation proceeds in the city. Our lawyers act on professional negligence claims for clients in Ottawa and across Eastern Ontario.
Ontario Professional Negligence Law
Professional negligence law in Ontario is governed primarily by the common law of negligence, supplemented in some professional contexts by regulatory frameworks and professional conduct rules that inform the applicable standard of care. Lawyer negligence claims in Ontario involve the added complexity of the solicitor-client relationship and the rules of professional conduct administered by the Law Society of Ontario. The two-year limitation period under the Limitations Act, 2002 applies to most professional negligence claims, running from the date the claim was discovered or ought to have been discovered.
British Columbia
In BC, professional negligence claims proceed in the BC Supreme Court. The standard of care analysis follows the same common law framework as in Ontario, and the two-year discovery-based limitation period under BC's Limitation Act applies. Professional regulatory bodies in BC, including the Law Society of BC and the Chartered Professional Accountants of BC, maintain their own conduct standards that inform the applicable standard of care in claims against their members. We act on professional negligence claims across BC and can advise on how the applicable law and procedure in BC affects the analysis.
Professional Negligence: Frequently Asked Questions
What is the difference between professional negligence and a complaint to a regulatory body?
A complaint to a professional regulatory body, such as the Law Society or a college of physicians, is an administrative process that can result in discipline of the professional but does not compensate the client for their loss. A professional negligence claim is a civil lawsuit that seeks financial compensation for the loss caused by the professional's failure. The two processes are separate and pursuing one does not prevent you from pursuing the other. In many cases, the findings of a regulatory investigation can be relevant to the civil claim.
How long do I have to bring a professional negligence claim in Ontario?
In Ontario, the basic limitation period for most professional negligence claims is two years from the date the claim was discovered or ought to have been discovered. In many professional negligence situations, the discovery date is not the date of the error itself but the date the client realized or reasonably should have realized that they suffered a loss as a result of the professional's conduct. Identifying the correct discovery date is often an important issue in professional negligence litigation, and getting legal advice promptly after discovering a potential claim is important.
Do I need an expert to prove a professional negligence claim?
In almost every professional negligence case, yes. Establishing the applicable standard of care requires evidence from a professional in the same field who can explain what competent practitioners do in the circumstances in question. Without expert evidence, courts have no basis to conclude that the defendant's conduct fell below the required standard. Finding the right expert and working with them effectively is one of the most important aspects of building a strong professional negligence claim.
Can I sue my lawyer for negligence in Ontario?
Yes. Lawyer negligence claims in Ontario are a recognized cause of action and proceed before the Superior Court of Justice. To succeed, you must establish that your lawyer owed you a duty of care, that they breached the standard of care applicable to a competent lawyer in their field, that the breach caused your loss, and that the loss is quantifiable. Expert evidence from another lawyer is typically required to establish the standard of care and the breach. Limitation periods apply, so getting advice promptly after discovering a potential lawyer negligence claim is important.
What is the standard of care in a professional negligence claim?
The standard of care is the level of skill, care, and judgment that a reasonably competent member of the profession would have exercised in the same circumstances. It is an objective standard, not a subjective one: the question is not whether the professional tried their best but whether their conduct measured up to what the profession requires. The standard takes into account the relevant area of practice and any specialist expertise the professional held themselves out as having.
My accountant gave me bad advice that cost me significant money. Do I have a claim?
Possibly. To have a professional negligence claim against an accountant, you need to establish that they owed you a duty of care, that their advice fell below the standard of a competent accountant in the relevant area, that you relied on that advice, and that your reliance caused your loss. Not every piece of incorrect advice constitutes negligence: if the advice was reasonable given the information available at the time, even if it turned out to be wrong, it may not meet the threshold. A professional negligence lawyer can assess the facts and give you a candid view of the strength of the claim.
Do you act for professionals defending negligence claims as well as plaintiffs?
Yes. We act on both sides of professional negligence disputes: for clients and organizations who have suffered losses as a result of professional errors, and for professionals and their insurers defending negligence claims. Acting on both sides of these disputes gives us a thorough understanding of the arguments available to each party and makes us more effective advocates in either role.
Speak With a Professional Negligence Lawyer
Tell us about your situation. We will follow up promptly to discuss your options. You can also reach us directly at 1-800-771-7882.