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Professional negligence

Careful assessment of professional standards, causation, loss, and available remedies.

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Overview

Testing responsibility, causation, and loss

A disappointing result does not by itself establish professional negligence. A viable claim generally requires careful analysis of the applicable standard, what was done or omitted, causation, loss, limitation periods, and whether recovery is practical.

We review the retainer, advice, file record, available expert evidence, and resulting loss before recommending negotiation or litigation. The first task is to determine what can be proved and whether the proposed claim is proportionate.

Professional negligence

How a professional-negligence claim is assessed

The assessment begins with evidence—not simply an unsatisfactory outcome.

  1. Secure the record and deadlines

    We collect the retainer, professional file, advice, communications, key chronology, and loss documents while identifying limitation issues.

  2. Test the professional standard

    The work actually performed is compared with the applicable duties and standard of care. Independent expert evidence may be required.

  3. Connect the alleged breach to loss

    We examine what likely would have happened without the alleged error, whether the loss was caused by it, and which damages may be recoverable.

  4. Choose a proportionate resolution path

    After testing merits, evidence, cost, and practical recovery, we recommend the appropriate next step, which may include a demand, negotiation, mediation, or litigation.

Professional negligence

Frequently asked questions

What is professional negligence?

Professional negligence occurs when a professional fails to meet the standard of care expected in their field, causing harm to their client. This includes immigration consultants, lawyers, realtors, and other licensed professionals.

How do I prove immigration consultant malpractice?

You must prove: (1) the consultant owed you a duty of care, (2) they breached that duty by falling below the professional standard, (3) you suffered damages, and (4) those damages were caused by their breach.

What damages can I recover?

Recoverable damages may include fees paid to the negligent professional, costs to fix the problem, lost income or opportunities, immigration-related losses, and in some cases, compensation for mental distress.

Is there a time limit to sue for malpractice?

In BC, you generally have 2 years from when you discovered or ought to have discovered the negligence. Some claims have shorter limitation periods, so consult a lawyer promptly.

Can I sue an unlicensed immigration consultant?

Yes. Unlicensed or 'ghost' consultants can be sued for negligence, fraud, or breach of contract. They may also face criminal charges. However, recovery may be difficult if they lack assets or insurance.

Professional negligence

Prepare for your first conversation

A short chronology and the key documents help us identify priorities. Tell us about urgent deadlines; send confidential records only after the firm confirms it can act.

  • Bring the current order, agreement, decision, or important correspondence.
  • Prepare a concise chronology and identify any immediate date or safety concern.
  • Keep original records and avoid editing messages or documents.
Meet the lawyers behind the practice
Professional negligence — Sinclair Centre Law

Sinclair Centre Law

Start with an initial conversation.

Tell us the general nature of your matter and any immediate deadline. Please do not send confidential documents until the firm confirms it can act.