Professional Negligence Lawyer Toronto

Professional Negligence

Professional negligence occurs when a professional fails to meet the expected standard of care, resulting in harm or loss. This can lead to legal claims or disciplinary actions. Our firm represents clients in both defending and pursuing professional negligence cases.

Professionals are held to a higher legal standard in the discharge of their professional duties. In the process of providing professional services to the public, any professional can become the subject of a professional negligence action or complaint. The legal consequences facing a professional for failing to meet professional standards can result in a professional negligence claim and / or a disciplinary proceeding before their professional licensing body. In addition, an employer of a professional may also attract vicarious liability for the professional negligence of its employees. Legal disputes with insurers can also emerge from professional negligence actions.

We have acted for both the plaintiff and defence side on many professional negligence claims including claims against lawyers, doctors, financial advisors and other professional s. We also represent clients in dealing with disciplinary proceedings. We offer years of experience in successfully representing all manner of regulated professionals

Frequently Asked Questions

1. How do I prove a case of professional negligence?

To prove a case of professional negligence, the applicant must demonstrate the following:

The respondent owed the applicant a duty of care;
The respondent breached the standard of care;
The applicant sustained a loss; and
The loss sustained was reasonably foreseeable

2. What are the defences against a professional negligence claim?

There are three main defences to negligence:

Contributory negligence;

Comparative negligence; and

Assumption of risk.

Contributory negligence can be a defence if the plaintiff failed to demonstrate care for their own safety.

Comparative negligence can reduce the amount of damages a plaintiff can recover in a negligence claim based on the degree of fault each party contributed to the incident.

Assumption of risk can be a defence where the plaintiff voluntarily accepted the risk of the negligent party's actions.

3. What qualifies as professional negligence in Canada?

Professional negligence occurs when a professional fails to meet the duties or obligations that were expected of them by their profession. The legal consequences for a professional failing to meet professional standards can lead to a claim of professional negligence and/or disciplinary action by their professional licensing body. Additionally, an employer may be held vicariously liable for the professional negligence of their employees.

Professional Negligence Lawyer Toronto