There are two types of disciplinary proceedings other than disciplinary remedies with completely different objectives; civil and criminal prosecution . Proceedings may take place at the same time as a disciplinary appeal or an appeal relating to fees.
Civil Proceedings
Unlike disciplinary proceedings, civil actions allow you to obtain a sum of money to compensate for damages resulting from a fault attributable to the professional. Depending on the amount of money claimed, the lawsuit must be filed before the Small Claims Division of the Court of Quebec (less than $15,000) or another court (more than $15,000). A person commencing a lawsuit before the Small Claims Division of the Court of Québec will have to represent himself or herself. A good example of a civil lawsuit in disciplinary law is the
Dallaire v. Jocelyne . Dans celle-ci, les requérants demandaient au Tribunal d’obtenir des dommages-intérêts en raison de la mort de leur chien à la suite d’une faute causée par la vétérinaire. Lors du recours disciplinaire, celle-ci avait plaidé coupable à de la négligence dans les soins apportés au chien suivant une opération. Le Tribunal a déclaré que sa responsabilité civile était pleinement engagée et que, pour cette raison, elle devait payer aux requérants la somme de 1 439,07 $.
Penal prosecution
Penal prosecution makes it possible to sanction a professional who has committed a criminal act or any person who falsely claims to be a member of a professional order. To initiate a criminal prosecution, it is necessary to contact a police service to file a complaint. The complaint will be handled by the police department and, if there is sufficient evidence, transferred to the prosecutor’s office. A prosecutor will determine whether a prosecution is necessary based on the facts and evidence gathered by the police. The person who made the complaint may be called to testify at the trial, if necessary. For example, in the case
R. v. Hall, the doctor was found guilty of having obtained a loan by fraud. He claimed that he needed the loan to purchase medical equipment in order to practice his profession as an ophthalmologist. However, the loan was instead used to buy securities from the Nigerien government. In doing so, the doctor used his title and profession to deceive the bank, thereby committing a criminal act. If you are being sued in parallel with a disciplinary action, it is essential to protect your rights with a strategic and rigorous defence. Each situation is unique and requires appropriate expertise to minimize the impact on your professional future. Don’t let a lawsuit jeopardize your career. Contact Lambert Avocats today to benefit from an effective defense against disciplinary, civil or criminal appeals.