How can I sue a professional (e.g. lawyer, accountant, financial advisor) for negligence?

To successfully sue a professional for negligence, a plaintiff must prove three things:

  1. That the professional owed the plaintiff a duty of care;
  2. That the professional breached the applicable standard of care; and
  3. The plaintiff suffered a loss as a result of the professional’s breach.

Whether a professional can be found liable for losses caused by negligence depends on the circumstances of the case and the legal, regulatory, or ethical standards applicable to that particular type of professional.

What are some examples of incompetence or unethical behaviour by an immigration consultant?

Examples of incompetent or unethical behaviour by an immigration consultant include:

  • Failing to meet the terms of the consultant-client agreement;
  • Making mistakes on or omitting necessary information from an application (e.g. for a work or study visa or permanent resident status);
  • Intentionally providing false or fraudulent information on an immigration form;
  • Failing to keep the client properly apprised of their file’s status; or
  • Failing to advise the client on the options available in their case.

However, there are numerous ways a consultant may be negligent in their provision of immigration services. Contacting a qualified professional negligence lawyer ensures you are aware of all potential actions and remedies available in your unique circumstances.