Wednesday, April 24, 2013

Does a breach of professional conduct amount to a tort? No


Hyra v. Her Majesty the Queen et al, 2013 MBQB 83 says that a breach of professional conduct rules does not give rise to a cause of action.  Presumably if a recognized tort – say negligence – was alleged a breach of professional rules might well be good evidence supporting such claim;  however, standing alone, a breach is not a tort:


[11]      With respect to the alleged cause of action of a violation of The Professional Code of Conduct, I am not aware of the existence of any such cause of action.  While a breach of The Professional Code of Conduct may lead to discipline from the relevant Law Society, such breaches do not form a cause of action.  Thus, there is no reasonable cause of action for violation of The Professional Code of Conduct.

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