Although notaries are highly trained professionals who follow rigorous standards and have access to diligent professional support from the Chambre des notaires, various situations may arise that require dispute management. In keeping with its mission to protect the public, the Chambre des notaires offers a variety of conflict resolution tools and methods.
The first step consists of contacting your notary whenever possible and evaluating options to try to come to an amicable settlement.
If you received a bill from your notary that does not appear to correspond to the terms of your agreement or the scope of the work done, you can use the fee mediation service provided by the Chambre des notaires, whether or not your bill has been paid.
Disciplinary complaint for breach of ethics
Notaries are in breach of their professional ethics when they fail to fulfill their obligations through their conduct, their lack of integrity or diligence or any other infraction of the Professional Code, the Notarial Act, the Code of ethics of notaries or the other regulations to which they are subject.
If your notary is found to have committed such a breach, the Disciplinary Council may impose a fine or a temporary or permanent removal of their right to practice.
Note: a breach of ethics will not result in financial compensation.
Professional misconduct or professional error that caused harm
Notaries commit professional misconduct or a professional error when their behaviour involuntarily departs from the standard of conduct expected of them in the maintenance of their files. Professional errors may consist of oversights, misconduct or negligence.
Improper use of funds entrusted to the notary
Despite the very strict control measures imposed by the Chambre des notaires, it may happen that one of its members makes improper use of funds or property received. A fund is used to compensate a claimant following a notary’s use of funds or property for purposes other than those for which the claimant had entrusted them to the notary, in the practice of the profession.
Need more information?
It may be difficult to know which remedy is appropriate to your situation. The Chambre des notaires is unable to provide personalized advice for your situation. A legal professional can help you obtain a legal opinion about your case and your options.