Malpractice

Malpractice is an informal term, borrowed largely from US usage, for a professional's failure to meet the standard of care expected of a reasonably competent member of the profession. In Canada the claim is usually framed as professional negligence, breach of contract or breach of fiduciary duty.

How BC law treats it

Compensation requires a civil claim in court, generally started within the two year basic limitation period under the Limitation Act, SBC 2012, c 13, which runs from when the claim is discovered. A complaint to a regulator such as the Law Society of British Columbia leads to discipline, not damages.

What it means for your business

If a professional's error has cost your business money, the route to recovery is a civil claim, and the limitation clock starts when you discover the loss.

Risks and common mistakes

Filing only a regulatory complaint and waiting for its outcome can let the limitation period expire on your civil claim.

For the full explanation, see our entry on Professional negligence.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.