To proceed with a claim for professional negligence against an Immigration Lawyer or Consultant, you must first prove that your claim meets the following requirements for professional negligence:

1. A Duty of Care Exists Between Parties:
‍One must be able to demonstrate that the hired Immigration Professional owed them a duty of care. The regulating bodies for Immigration Lawyers and Consultants often have specific rules that outline when a client-professional relationship, and thus a duty of care, exists. This is usually established in the contract between the client and the immigration professional.

2.The Duty of Care has been Breached
‍Someone who presents themselves as having skill or knowledge in a particular service is held to a higher standard of care. It is expected that they will deliver a level of care that surpasses that of an average person. The immigration professional is responsible for performing their tasks with reasonable care and to expected professional standards. If a client can prove that these standards were not met, they may be able to claim damages. This can be done by demonstrating that the Immigration Professional fell below the standards of care expected of someone of their level of skill and qualification.

3.The Client Suffered a Loss or Damages as a Result
‍In addition to a breach of standards of care, an Immigration Negligence claim must establish that the client suffered a loss as a result. Damages can range from the loss of income or immigration status to permanent ineligibility to immigrate to Canada. Clients will likely also incur additional expenses by hiring a new Immigration Professional to correct errors made due to negligence. Plaintiffs should maintain thorough documentation of all expenses related to the initial professional's negligence as the court will award damages based on total losses incurred.