Civil Liability Lawyers
✦ Process
Our approach
At the heart of our practice is our lawyers' commitment to putting our clients first. We understand that every legal situation is unique, and we take the time to listen, understand your situation and develop the best strategy for you.
Consultation
A legal consultation is the first essential step in accessing our services. During this consultation, our lawyers will have the opportunity to hear and better understand your situation, so as to best answer your questions and concerns.
Legal advice
Thanks to their in-depth knowledge of various areas of law, our lawyers can provide you with legal advice and solutions that are relevant and tailored to your situation.
Representation
You can count on the oratory skills and determination of our lawyers to represent you and defend your interests before courts or government agencies.
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In what situations should you call on a civil liability lawyer?
Have you been the victim of an accident or problem caused by another person or organization?
For example:
- A road accident causing property damage not covered by your insurer or the Société d'assurance-automobile du Québec (SAAQ)
- A criminal act
- A fall on a poorly maintained sidewalk
- Professional or ethical misconduct
- A breach or improper performance of a contractual obligation
You could, under certain conditions, claim in court the damages caused by this problem or accident.
When it comes to claiming compensation or responding to such a claim, a legal consultation with a liability attorney can make all the difference.
At Boavista Legal Services, our civil liability lawyers will be able to quickly assess the situation, explain your rights and guide you towards the best possible solution. Early intervention helps protect your rights and increases the chances of obtaining compensation.
Evidence in an action for civil liability
In order to succeed in a claim in court, it is necessary to prove the probable existence of three elements. Namely the fault, the damage suffered and the causal link between the fault and the resulting damage.
The fault
In Quebec civil law, a fault can be by omission or action.
First, fault by omission involves a breach of a general duty imposed by law. Thus, a person will be at fault if he or she willfully or negligently transgresses the general duty not to harm others or any other legal or contractual obligation that he or she must respect.
Second, fault of action involves the act of doing something that is wrongful or negligent.
Wrongfulness is often assessed by asking whether a reasonable person in the same circumstances would have made the same omission or action.
The following behaviours may constitute misconduct:
- Failing to report a hazard (wet floor, obstacles, etc.)
- Performing work in a negligent manner.
- Exercising a right (e.g., a property right or a contractual right) in an excessive or unreasonable manner.
- Failure to comply with safety standards.
- Providing a defective or unsafe product.
Injury
Injury is the damage or loss suffered as a result of the fault of another. The damage can be physical, i.e., any injury to the human body, such as physical injuries incurred or loss of mobility following an accident caused by the negligence of others. The damage can also be moral, such as the stress and inconvenience experienced as a result of an accident. Finally, the damage can be material, in which case we speak of any damage to one's property. Such as damage to a vehicle as a result of an accident or to a building due to poor maintenance.
For the injury to be compensable, it must meet certain criteria: any injury must be personal, a direct and immediate consequence of the fault. Future damage must also be certain and assessable. For example, in the famous Montreal (City) v. Tarquini decision, the Supreme Court allowed the claim against the City of close relatives of a deceased person of a crime for police negligence, but only for compensation for the moral damages they personally suffered and the future financial loss.
Causation
When a fault has been committed and the victim says that he or she has suffered damage, the last step is to prove the direct relationship between the fault and his or her injury, the causal link. It is not enough that a fault has been committed and that a prejudice exists. There must be a causal link between these two aspects, the fault must be the cause of the prejudice. Without this element, it could not be concluded that a person is civilly liable for a particular injury.
Areas of intervention in civil liability
At Boavista Legal Services, our lawyers handle numerous civil liability cases in different areas of intervention. Whether it's poorly executed work that causes damage to your property or situations of intimidation and harassment, we handle a multitude of cases that are likely to engage in the civil liability of others.
In addition to the situations mentioned above, several other situations can open the door to filing a civil liability claim.
Some of the most commonly seen cases include:
- Accidents that occurred due to negligence in the maintenance of a property
- Professional misconduct causing harm
- Damage caused by a defective product
- Reputational or privacy breaches.
Contractual civil liability
According to article 1458 of the Civil Code of Québec, every person is required to respect the commitments he or she has made. A person can be held liable for the damage caused if they do not fulfill their contracted obligations.
Contractual fault can take several forms, including refusal to perform, late performance, partial performance, non-performance of an ancillary obligation and defective performance.
The party harmed by a breach of contract can bring several actions before the courts to compensate for the damage. The opposing party must be given formal notice to comply. The victim may request the forced performance of the obligation, a reduction of his correlative obligation or damages. In some cases, the party who has suffered damage from the other party's failure to comply with its contractual obligations may obtain the future or retroactive termination of the contract, i.e. the end of the contract for the future only or for past and future alike.
Non-contractual civil liability
The civil liability regime covers a wide range of situations. This refers to any damage suffered outside of a contractual relationship, such as a road accident, property damage caused by negligence or injuries caused by a defective product.
This regime is codified in article 1457 of the Civil Code of Québec, which provides that, in order to establish such liability, fault, and injury, a causal link between the two must be demonstrated. When met, these conditions give the victim the opportunity to bring an action for damages to be compensated for the harm suffered.
Professional liability
Professional civil liability concerns situations where a professional is held liable for damage caused in the course of his or her activities. This regime covers the fault by omission or action of a professional who did not act with prudence and diligence, as another professional in the same circumstances would have done, causing injury to a person in the practice of his profession.
It is important to distinguish between professional liability and disciplinary or ethical misconduct, as they are not governed by the same standards and procedures.
A professional misconduct is a breach of a professional obligation provided for in the Professional Code, in the laws, regulations and codes of ethics specific to each professional order.
Though professional misconduct can sometimes lead to a civil liability claim before private courts, it is not always the case. Civil liability still requires proof of a likelihood of fault, prejudice and causal link.
For example, a doctor who does not ensure the informed consent of his patient before performing surgery could have committed a disciplinary fault, but if no damage is caused, he has not committed a fault engaging his civil liability.
Among these situations, the following cases may arise in particular:
- Breach of the duty of confidentiality;
- Erroneous professional advice;
- Failure to carry out work in accordance with the regulations in place;
- More generally, any error made by a professional in the exercise of his profession that a reasonable, prudent and diligent professional placed in the same circumstances would not have committed.
Claims for bodily injury, property damage and moral damage
When a person suffers harm due to the fault or negligence of another, they can turn to the courts to claim monetary compensation. In Quebec, damages are generally intended to be one of reparation, not punishment or deterrence. The damage is therefore often limited to the strict minimum to repair the damage caused and restore the victim to his or her original state.
Bodily injury includes physical injuries and their consequences on the victim's health, such as medical expenses, loss of income, and rehabilitation costs.
Secondly, property damage concerns damaged or broken property, such as a car, a house or equipment. The compensation covers the costs of repair or replacement.
Finally, moral damages include non-material and non-bodily damages that affect a person's well-being, such as psychological suffering, stress or anxiety that occur following the wrongful event.
Punitive damages are the exception and allow for a claim of damages for the strict purpose of deterring an action a particular law wants to suppress. They can be found in the violation of a charter right, a wrongful cutting of a tree or an illegal repossession of a dwelling, to cite a few examples.
The assessment of damages requires a thorough analysis of the facts, the evidence and the actual consequences suffered by the victim. In some cases, it is necessary to call on experts such as lawyers, appraisers, forensic accountants or actuaries to assess the damages.
Frequently Asked Questions
Civil liability is the system in Quebec that requires a person to compensate for the damage caused by another person through his or her fault or negligence. This compensation usually takes the form of financial compensation to compensate for the damage suffered, but it can also be any other compensation deemed appropriate.
The objective of civil liability is to ensure that victims of injury are compensated for the damage they have suffered, whether it is bodily injury, moral damage or material damage. In doing so, this regime encourages citizens to adopt prudent and diligent behaviour.
Civil liability is divided into several categories depending on the origin of the damage and the nature of the obligations. The two main categories are contractual civil liability, which includes the non-compliance or non-performance of a contract between the parties, and extra-contractual civil liability, which is applicable when an injury is caused to a person outside a contractual relationship.
There are also other specific liability regimes that may come into play depending on the circumstances, such as vicarious liability, property liability or professional liability.
In terms of civil liability, it is important to note that the time limits vary according to the nature of the damage and are therefore specific to each case. In order not to lose the right to be compensated, it is therefore important to consult a lawyer quickly to find out what deadlines apply to your situation.
Yes, it is possible to settle a liability dispute without having to go to court. Private dispute prevention and resolution methods, which include negotiation, mediation or arbitration, are even prioritized by the justice system and chosen by many citizens.
It is a faster, cheaper and more respectful avenue for the interests of each party. Instead of having only one winner and one loser, it is often possible to find a win-win agreement.
Choosing a civil liability lawyer is an important step in ensuring that your rights are respected and increasing your chances of successful compensation. Several criteria must be considered to make this choice: the complexity of your case, the experience, knowledge and availability of the lawyer as well as the price of the lawyer's services are all factors to consider in your choice of lawyer.
Often, an initial phone call or appointment with a lawyer is an excellent way to understand their approach and confirm that you want to move forward with this lawyer.
The price of civil liability lawyers varies depending on many factors. These include the nature of the case, the complexity of the case, the lawyer's experience, the time and effort invested in your case, and how it is evolving. Generally speaking, billing is discussed during the first consultation with the lawyer.
Several costs must also be taken into consideration in addition to legal fees, such as court costs and expert fees if necessary for your case.
The out-of-court settlement through negotiation or mediation may be more advantageous in many situations. These solutions are generally faster and less expensive and can very well protect and consider your interests, especially if you are represented by a lawyer.