Frequently Asked Questions

In this section, we’ve gathered the most common questions applicants ask when it comes to business immigration to Canada, starting and managing a business, or resolving legal disputes.

If you don’t find the answer you’re looking for, simply fill out the contact form and the Shekarian Law Group team will review your case in detail and provide tailored guidance.

What are the benefits of resolving professional negligence claims out of court?

Out-of-court settlement:

Reduces time, cost, and stress

Provides opportunity for a fair agreement

Helps maintain professional relationships whenever possible

Can pursuing a professional negligence claim affect future immigration applications?

No. If the current case is handled properly with a strategic legal approach, the negligence claim will not impact future immigration applications.

How can the cause and financial loss from the negligence of a lawyer or immigration consultant be documented?

Collecting:

Correspondence

Contracts

Administrative records

Receipts

Expert opinions This helps document both the cause and extent of damages.

Can professional liability insurance for lawyers or immigration consultants cover the damages?

Yes, professional liability insurance can cover costs and financial losses arising from negligence. However, careful documentation and evidence are critical for success.

What role does a lawyer play in proving a breach of professional duty?

A specialized lawyer will:

Analyze the case

Gather supporting evidence

Provide legal advice

Prepare documentation to legally prove the link between the representative’s error and your financial loss

What is the legal process for pursuing a professional negligence claim in Canada?

The process typically involves:

Case assessment

Expert opinion

Issuing a formal demand letter

Filing a civil lawsuit in the competent court if no agreement is reached

What types of damages can I claim in a professional negligence lawsuit against a lawyer or immigration consultant?

You can claim:

Legal fees

Administrative costs

Lost opportunities

Direct or indirect financial losses caused by negligence

What evidence is needed to prove professional negligence and claim damages?

Key evidence includes:

The service contract with the representative

Correspondence and communications

Administrative documents

Receipts and expense records

These documents help demonstrate the breach of professional duty and direct financial loss.

Does the rejection of an immigration application automatically constitute professional negligence?

No. Losing a case alone does not constitute negligence. You must prove that the representative acted below the professional standard of care and that their error directly caused your loss.

When can I file a professional negligence claim against a lawyer or immigration consultant in Canada?

You can file a claim in Canadian civil courts if errors, negligence, or carelessness by your representative led to your case being rejected or caused financial loss.

Shekarian Law PC is a professional corporation licensed by the Law Society of Ontario. We provide strategic legal counsel to founders, investors, and companies building, expanding, and operating in Canada, including cross-border and regulatory matters.