Mission
The mission of the Insurance Fund, managed by the Professional Liability Insurance department, is to provide professional liability coverage for members of the Ordre, its former members and limited liability partnerships.
Its operations are separate from those of the Chambre des notaires du Québec.
Liability insurance
Every notary and ex-notary in Quebec has insurance with the Insurance Fund.
The best way for you to determine whether your notary is held professionally liable to you is to consult a legal professional. However, we recommend that you contact the notary or ex-notary to discuss the situation, to get an explanation and possible solutions.
Note that the Insurance Fund does not provide any legal advice.
To correct an act
If you believe it’s necessary to correct a notarial act but the notary or ex-notary doesn’t find the correction necessary, you need to send them a formal notice to correct the situation at their cost. Should the notary or ex-notary not respond to your formal notice, we suggest you discuss the matter with a legal professional who can advise you on how to proceed with your case. It’s up to you to use the means available to try to find the ex-notary.
Note that the Insurance Fund does not rule on the merits of a decision on whether or not to correct a notarial act. If a correction is made and you then want to claim for damages, read the following section.
For a financial compensation claim
For a notary or ex-notary to be found professionally liable, the following three conditions must be met:
- Involuntary misconduct. Professional misconduct often takes the form of an error, an oversight or negligence on the part of the notary in the performance of their duties.
- Damage was caused.
- The damage must be the direct result of the notary’s misconduct.
To make a claim to the Insurance Fund, you need to fill out the claim form.
You can send us the form by any of the following methods:
- Email: farp.public@cnq.org
- Fax: 514-879-1781
- Mail: Chambre des notaires du Québec
Professional Liability Insurance Department
101-2045 Stanley St.
Montreal QC H3A 2V4
Investigation
Upon receipt of your duly completed form and supporting documents, the Insurance Fund will start an investigation and analyze your claim.
Position
Once the analysis has been completed, the Insurance Fund will let you know its position. Please be advised that the Insurance Fund’s decisions are final and not subject to any review mechanism. Should you not be satisfied with a decision, you will need to decide if you should consult a legal professional for advice on how to proceed with your claim, as applicable.
For more information
Should you need more information, please call the Chambre des notaires du Québec Client Relations Centre at 514-879-1793 or 1-800-263-1793.