Yes. Even after taking all precautions in choosing a professional, you may be unsatisfied with the services you receive. If you believe a professional has acted with incompetence, negligence or with a lack of integrity in dealing with you or your case, recourses are available to you. This is also the case if you think that the fault of the professional has caused you injury or financial loss.

Depending on the circumstances, you can take your case to the appropriate professional order or to the courts. Sometimes, the professional’s actions can justify doing all of the following: filing a complaint with the order that oversees the professional’s conduct, filing a suit before the civil courts to recover the damages suffered, and filing a statement with the police, if the professional has committed a criminal offence.

For example, if your dentist makes a mistake and breaks your tooth, you can:

• ask the dentist’s professional order to investigate the work that he did on your tooth and, eventually, to punish him; and/or
  
• ask a civil court to order him to pay for the repair of your broken tooth and to compensate you for the hassle that you went through as a result of the broken tooth.

Now, let’s assume that instead of breaking your tooth, the dentist sexually assaulted you, you can:

• also file a complaint with the police because this is a crime.

The first step, therefore, is to determine whether you need to file a complaint with the court, the police, and/or the syndic (a syndic is the person in charge of discipline within a professional order).

This Infosheet specifically deals with the process of lodging a complaint with a professional order.

What if the only problem is the bill?

You may find the professional’s bill excessive. In this case, it is important to know that each professional order has its own conciliation and arbitration procedure for fees. For more information, consult the Infosheet entitled Conciliation and arbitration of professional fees.

All professional orders have an office of the syndic and a Disciplinary Committee in charge of applying professional legislation (the Professional Code), as well as the law specific to the order in terms of exclusive professions and the regulations governing the order.

You can tell the office of the syndic, usually in writing, about any conduct that you think is against the ethical rules or other requirements and obligations imposed by the professional legislation. When it receives a complaint, the office of the syndic must conduct an investigation. Usually it will communicate with the professional to hear his version of the situation, and it will study the case.

After conducting an investigation based on your written complaint, the office of the syndic of the professional order will decide whether to:

• refer the case to the Professional Inspection committee so it can make a verification or an investigation into the professional’s conduct or into his competence;
  
• bring the complaint to the Disciplinary Committee or;
  
• reject the complaint.

The office of the syndic will inform you of its decision, whatever it is. It has 90 days to complete its investigation, unless more time is necessary, in which case it will inform you. It will update you as to its progress every 60 days.

If the office of the syndic decides not to bring the complaint to the Disciplinary Committee, it will inform you of its reasons. In this case, you can appeal the decision before the Complaint Review Committee of the order, which is composed of two members of the order and at least one layperson. The Complaint Review Committee also has 90 days to make a decision. After reviewing the case and, as it deems necessary, hearing from the office of the syndic and you, according to the case it can:

• uphold the office of the syndic decision and decide that there is no need to bring the complaint before the Disciplinary Committee;
  
• suggest that the office of the syndic complete its investigation;
  
• suggest that the office of the syndic refer the case to the Professional Inspection committee or;
  
• conclude that the complaint should be brought before the Disciplinary Committee.

If the office of the syndic decides to bring the complaint before the Disciplinary Committee, it will draft a written request to this effect outlining the nature and the circumstances of the offence attributed to the professional. The professional then has the right to contest the alleged wrongdoing in writing and to be represented by a lawyer before the Disciplinary Committee.

The proceedings before the Disciplinary Committee are much like those before any other tribunal. The professional, the office of the syndic and you will have the opportunity to be heard, to argue the case and to question witnesses, if necessary. The hearings are public, so anyone can attend. However, in some cases, for example to ensure respect for professional secrecy, the protection of a person’s private life or reputation, the hearing may be held in camera (that is, it won’t be open to the public) or the Disciplinary Committee may withhold the publication of certain information. For more information on this subject, consult the Infosheet entitled Professional secrecy.

After hearing all the evidence, the Disciplinary Committee will submit its decision and establish if the professional has breached the obligations imposed by the laws governing his profession or not.

Should the professional be found guilty, another hearing will take place to determine his punishment. After hearing the office of the syndic and the professional, the Disciplinary Committee can impose the following punishments:

• a reprimand;
  
• a temporary or permanent suspension from the order;
  
• a fine between $1,000 and $12 500 for each offence;
  
• the obligation to pay you a sum of money that the professional was holding for you;
  
• revocation of his license;
  
• revocation of his specialist license;
  
• a limitation or suspension of his right to carry on certain professional activities.

In determining the punishment, the Disciplinary Committee takes into account various factors, including previous disciplinary sanctions, the harm caused, the attitude of the professional, as well as the circumstances surrounding the offence and its seriousness.

Yes, you can bring a complaint directly to the Disciplinary Committee of a professional order. This is what is called a private complaint. But beware that this option is an arduous one. It is quite complex because you have to give evidence against the professional yourself. It is therefore recommended that you seek the advice of a lawyer on the merits of the complaint and to represent you before the Disciplinary Committee. Note that this will also incur charges for the rental of the room, service of the proceedings and for transcription.

If the Disciplinary Committee rejects your private complaint against a professional, you can appeal this decision to the Professions Tribunal. Here it is highly recommended that you obtain the services of a lawyer to advise you on the chances of your success in appeal and to represent you before the Professions Tribunal. Note also that any professional found guilty also has a right to appeal the Disciplinary Committee’s decision.

If the complaint was submitted by the office of the syndic, only it can decide whether or not to appeal the Disciplinary Committee’s decision.

In its decision, the Professions Tribunal can confirm, modify or overturn the decision of the Disciplinary Committee and impose its decision in its place. The decision of the Professions Tribunal cannot be appealed. However, in certain exceptional circumstances, a court may revise this decision.

Should a professional be suspended provisionally, temporarily or permanently from his professional order, notice of this will be made known to members of the order by the Disciplinary Committee or by the Professions Tribunal. This notice is also published in a newspaper in the region where the professional practiced.

It may be that the fault you are accusing a professional of committing has cost you financially or caused financial damages. In this case, you may claim financial compensation. First, you must notify the professional in question, either on your own or through a lawyer. This stage consists of formally claiming the damages and interest to which you believe you have a right directly from the professional.

If this attempt isn’t successful, you must then go to court to make the same claim. If the amount you are demanding from the professional is not more than $7,000, you may submit your claim yourself at the Small Claims Court division of the Court of Québec. Above this sum, your claim must be made at the Court of Québec (civil division) for a claim less than $70,000 and at Superior Court for a claim of $70,000 and more. It is highly recommended that you seek representation by a lawyer before these courts.

For more information about the court system, consult Côtécour.