The Compensation Fund doesn't reimburse in cases dealing with negligence, except in special circumstances where a lawyer has intentionally:
- failed to report a claim at all or in a timely fashion to the professional liability insurer (LAWPRO), or
- failed to cooperate with LAWPRO in accordance with the insurance policy’s terms and conditions,
with the intent of preventing you from obtaining compensation from LAWPRO, resulting in no insurance payment. In such cases, the lawyer’s conduct will be considered dishonest — thereby making the clients eligible to apply to the Compensation Fund for compensation.
Note: paralegals are not insured by LAWPRO.
Learn how to make a complaint regarding negligence and other matters.
Losses on mortgage investments caused by a decline in real estate values are not compensated.
Losses arising out of a business venture between a lawyer or paralegal and a client are also not covered.
The fund will not compensate clients in situations where the lawyer or paralegal has failed to repay a loan given by a client who knew it was for personal use.
Reimbursement is limited to the actual amount taken by the lawyer or paralegal. It does not include damages, expenses incurred or lost interest. For example, if a lawyer or paralegal takes money that should have been used to prevent a foreclosure on a home, the fund can reimburse you for the lost money but not the lost house.
The fund only deals with claims involving the conduct of lawyers and paralegals licensed by the Law Society of Ontario. For example, if you gave money to a Winnipeg lawyer for the purchase of a home in Manitoba, you will need to apply to the Law Society of Manitoba for compensation.