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ARTICLE · 14 MARCH 2019

Professional Liability And The Loss Of Chance In Quebec

Norton Rose Fulbright Canada LLP
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The judge therefore focuses on the chance itself, and compensates in accordance with its degree of probability.

CanadaLitigation, Mediation & Arbitration
André Legrand
André Legrand
Elif Oral
Elif Oral
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In a recent case,1  the Court of Appeal of Québec reiterated that the application of the "loss of chance theory" is limited and exceptional under Quebec law. According to this theory, a loss of chance can only be indemnified up to the likelihood that this chance will be realized, even if that probability is less than 50%.2 The judge therefore focuses on the chance itself, and compensates in accordance with its degree of probability.3

The facts

In 2006, Cansica Holdings Inc. mandated its lawyers to recover amounts it had loaned to third parties (Debtors). The loans granted totaled $276,300 and were secured, among other things, by an immoveable hypothec.

Although they took some steps to recover this debt, Cansica's lawyers only filed suit on February 17, 2011, after the claim became prescribed on May 5, 2007. The lawyers' fault was therefore admitted, seeing as they recognized having failed to take timely action to interrupt the limitation period of Cansica's

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