Monetary claim against a professional who has committed a breach of ethics

No. Professional law is distinct from civil law in that it aims to protect the public by controlling the competence and discipline of the members of professional orders. Unlike the civil law, it is not intended to award damages to a plaintiff.

Within a professional order, the role of the office of the syndic is rather to open an inquiry following information, which may consist of a request for inquiry from a member of the public, and then to conduct an inquiry to determine whether the professional has breached his or her ethical obligations. If, at the end of the inquiry, the syndic is of the opinion that the professional has committed a sufficiently serious offence to constitute a breach of ethics, the syndic may then refer the matter to the disciplinary council, which will determine whether or not the professional is guilty based on the evidence presented to it by the syndic and the professional. Thus, the person who requested an inquiry has solely a witness role in the inquiry and, if applicable, in the disciplinary proceeding.

Section 156 1d) of theProfessional Codeprovides, however, that in the case of an offence involving the appropriation of funds, a disciplinary council may, as a penalty, impose on the professional the obligation to remit to a person a sum of money the professional is or should be holding for that person.

To obtain financial compensation for any damage a prejudice you believe a professional has caused you, you must instead apply to the ordinary courts of law, either to the Court of Québec or the Superior Court, depending on the amount involved.

Another distinction is that a request for an inquiry can be made at any time, since a disciplinary offence is not subject to prescription. However, a legal recourse before the ordinary courts of law must be brought within a certain time period to avoid the loss of your right, according to the rules of extinctive prescription. This period is usually three years from the date on which the right claimed against the professional arises.

Finally, since these are two separate processes, a legal recourse and a disciplinary proceeding can proceed at the same time. You don't have to wait for the outcome of one process before initiating the other.

For more information, please contact our Disciplinary and Professional Law.