ENGR201 Professional Practice and Responsibility © Lesson 10 Podcast Transcript: Responsibility and Liability Liability in Québec In this podcast, we will describe key aspects of liability in Québec. Liability Liability in Québec is enforced through Québec Civil Code. Like in common law jurisdictions, liability in Quebec is understood as a civil liability. Civil liability refers to the responsibility of the guilty party to pay compensation to the plaintiff for damages or harms caused. There is no punishment in terms of fine or imprisonment that is possible through liability laws in Québec. Under Québec’s liability legislation, compensation in damages is awarded only if three things are established by the plaintiff. First, the plaintiff needs to show that there was an act of omission in the design or construction of the product. An act of omission is taken to mean a defect or a negligent construction in the product. Second, the plaintiff has to demonstrate that a consequence or damage took place. Third and the most vital part is to demonstrate that a cause-effect relation exists between the act of omission and the consequence or damage. In other words, the plaintiff has to demonstrate that as a result of using the product with the defect, the consumer suffered damages. If the court is convinced that all three points have been adequately demonstrated, only then is compensation awarded to the plaintiff. Liability Insurance Liability insurance is purchased to address business liability risks that are not covered by general liability insurance. Liability insurance is also referred to as “errors and omissions” insurance or “malpractice” insurance. In professional practice, a liability insurance policy pays other parties for damages for which the policy holder is legally liable as a result of negligent acts, errors or omissions in the performance of their professional service. While the insurance pays the compensation to be paid to the plaintiff, it reduces the seriousness that such tort claims can have on the actions of the professional. On the other hand, the insurance is useful, because it protects the firm, the professional, or employees from serious financial disruption. And it provides clients with financial security for the professional services they have received. In Québec, the professional code requires every order to determine the categories of its members that should secure liability insurance coverage. The OIQ accordingly adopted © May not be copied or duplicated without the permission of the owner. 1 a regulation requiring professional liability insurance for all members. Thus, every member of the OIQ shall join the group plan insurance contract (with a specified minimum coverage) to address professional liability. © May not be copied or duplicated without the permission of the owner. 2
