Professional Liability Lawyers

Cohen Highley LLP advises Ontario clients who believe they have suffered financial or personal harm because of a professional’s negligence. When a lawyer, accountant, financial advisor, real estate professional, engineer, or another professional fails to meet the duty of care they owe a client, and that failure causes measurable harm, the client may have grounds for a professional negligence claim. In Ontario, civil claims of this kind are generally subject to a two-year limitation period running from the date the harm was discovered.

To succeed in a claim, a client generally must show that the professional owed them a duty of care, breached the applicable standard of care, and that the breach caused a financial or other loss. Our Personal Injury Team can advise clients on whether a claim exists, what limitation period applies, and what damages may be available, guiding clients through what is often an unfamiliar and technical area of law.

Professional Liability Services We Offer

Cohen Highley LLP represents clients pursuing professional negligence claims across a range of professions and circumstances. Our services include:

  • Representing clients harmed by a lawyer or paralegal’s negligence.

  • Filing claims against accountants and financial advisors for negligent tax advice, mismanaged investments, undisclosed risk, or errors in reporting.

  • Defending clients affected by undisclosed property defects or errors made by a realtor or brokerage during a purchase or sale.

  • Claims against engineers and architects for design or safety failures.

  • Claims involving consultants, therapists, insurance agents and brokers, and other professionals whose negligence caused financial or personal harm.

  • Guidance on filing a regulatory complaint alongside a civil claim.

Our Approach to Professional Liability Cases

We begin every professional liability matter with a thorough case evaluation, reviewing the relationship between you and the professional involved, the standard of care that applied, and the losses you’ve experienced. This allows us to assess whether the elements of a negligence claim are present and to advise you honestly on the strength of your case, including whether a regulatory complaint may run alongside a civil claim.

Where a claim is well-founded, we build a clear case strategy, gather supporting documentation and expert opinion where needed, and pursue resolution through negotiation wherever that serves your interests. When a fair resolution isn’t reached, we’re prepared to advance your claim through litigation, keeping you informed and involved at every stage.

Why Choose Cohen Highley LLP

Cohen Highley LLP has advised Ontario clients on personal injury and professional negligence matters for many years, from our offices in London, Kitchener, Windsor, Strathroy, and Sarnia. Our Personal Injury Team understands how technical and unfamiliar a claim against a professional can feel, and we work to explain your options clearly so you can make an informed decision about how to proceed.

We hold ourselves accountable for the quality of our work on every file, and we bring that same standard to holding negligent professionals accountable for theirs. If you believe a professional’s error has caused you harm, we encourage you to contact our team to discuss your situation and find out where you stand.

Frequently Asked Questions

What is professional liability and who does it apply to?

Professional liability, also called professional malpractice or professional negligence, refers to a breach of the legal standards of responsibility that professionals owe to their customers, clients, or patients.

It applies to a wide range of professions, including but not limited to, doctors, lawyers, accountants, architects, engineers, financial advisors, consultants, and therapists.

How long do I have to file a professional negligence claim in Ontario?

Civil claims for professional negligence are generally subject to a two-year limitation period, running from the date you discovered, or reasonably should have discovered, the professional’s error. Because the discovery date can be disputed, it’s important to speak with a lawyer as soon as you suspect a problem, so your options aren’t lost to a missed deadline.

What do I need to prove in a professional negligence claim?

You generally need to show that the professional owed you a duty of care, that they breached the standard of care expected in their field, and that this breach caused you a measurable loss. Expert opinion is often needed to establish what the appropriate standard of care was.

Can I file a regulatory complaint and a civil claim at the same time?

Yes. Filing a complaint with a professional’s regulatory body, such as the Law Society of Ontario or an industry college, does not prevent you from also pursuing a civil claim for negligence. The two processes serve different purposes and can proceed alongside one another.

What compensation might be available in a professional negligence claim?

Damages in a successful claim typically compensate you for the financial loss the professional’s error caused and may include related costs depending on your circumstances. The specific damages available depend on the facts of your matter and are best assessed during a consultation.

Our legal team is accessible, innovative, and professional.

We hold ourselves accountable for the quality of our work on every file and for every client. We are committed to meeting the needs of our clients, while acting fairly, firmly and with integrity. We will innovate and adapt to enable us to achieve practical and effective legal solutions.

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