Anyone who believes that a notary, in the execution of a professional mandate, has committed professional misconduct or a professional error that has directly caused them harm may make a claim to the Professional Liability Insurance Fund (FARP) of the Chambre des notaires du Québec.
Notaries commit professional misconduct or a professional error when their behaviour departs from the standard of conduct of a normally prudent and diligent notary.
All notaries and former notaries in Quebec are insured for professional errors committed in the course of their professional practice. They have insurance with the FARP. Thanks to professional liability insurance, the client of a notary is assured that the notary can deal with the financial consequences that may arise from their professional misconduct or errors, subject to the conditions stipulated in the insurance contract.
Anyone can take steps to receive compensation if they believe that their notary has committed professional misconduct or a professional error in the execution of a professional mandate that is the direct cause of the harm they have suffered. Under the Civil Code, you must send a formal demand to the notary to correct the situation and, if applicable, to reimburse the loss arising directly from the professional error. Any notary who receives a claim must forward it to the FARP. After analysis, the Fund reports its position to the notary’s client. If the client’s claim is justified, the insurer handles the negotiations and pays the notary’s client compensation that is commensurate with the loss suffered. In the event that the insurer refuses to act on your claim, and if you do not agree with its position, you still have the option of taking legal action against the notary or against the FARP, or even against both parties simultaneously. A court will then rule on the dispute and, if your claim is upheld, the FARP will pay the compensation ordered by the court.
For more information:
Chambre des notaires du Québec
Professional Liability Insurance Fund
101-2045 Stanley St.
Montréal, QC H3A 2V4
Tel.: 514-871-4999 / 1-800-465-6534