How to sue an architect in Canada: Key steps and legal grounds

While the Ted Mosbys out there may make mistakes when looking for "The One," real‑life architects can face serious legal consequences when they commit errors.

If you want to bring a claim against an architect, then this article is for you. Here, we will discuss the legal steps you should consider under Canadian law. We will also outline how to sue an architect and what to expect in the process.

What are the steps in suing an architect in Canada?

If you've suffered property damage and financial loss due to a construction project, you may think of filing a case against your architect. Under Canadian law, claims against professionals such as architects fall under professional liability.

Here are some of the steps that you can take if you want to sue an architect:

1. Consult with a professional liability lawyer: if you are struggling to resolve a dispute with your architect, a lawyer can help you explore legal remedies
2. Consider alternative dispute resolution (ADR): your lawyer may suggest pursuing some ADR methods (e.g., negotiation, mediation) to settle the dispute outside the court
3. File your claim in court if the dispute is not resolved: your lawyer will help you prepare the necessary court documents (e.g., a statement of claim) to file your case in court and pay the required court fees

Another method in seeking redress against your architect is to file a complaint with the regulators that govern architects in your province or territory. This video shows how the Ontario Association of Architects (OAA) handles complaints against architects:

If you want more guidance on how to sue an architect in Canada, you can consult the best professional liability lawyers in Canada as ranked by Lexpert.

Actual cases of architects sued by their clients

An example of a court case where the clients have successfully sued their architects is Swift v. Tomecek Roney Little & Associates Ltd., 2014 ABCA 49. In this case, the Swifts (the clients) were awarded $906,318.70 from Tomacek Roney Little & Associates (the engineer), in addition to the $1 million settlement they received from Eleven Eleven Architecture (the architect), after their house was erroneously constructed.

Here's another actual case of owners suing their architect and other professionals involved for breach of contract, breach of warranty, and negligence:

More than two years after finding out their building wasn't built to code, dozens of condo owners in Surrey, B.C., are suing the developer and contractors behind the project.https://t.co/k0XfE662MX

— CBC British Columbia (@cbcnewsbc) December 13, 2021

Talk to any of the Lexpert-ranked best professional liability law firms in Canada to assess how strong your case is against your architect.

What are the grounds for suing an architect in Canada?

Under the law on professional liability, professionals can be held liable for their acts, omissions, or negligence that caused substantial damage to their client. This may apply not only to architects, but also to engineers, insurance agents, and doctors, among others.

Most of the time, architects (or even engineers) are sued when:

• the construction project is unreasonably delayed
• the construction caused an injury to the owners or third persons
• clients suffer financial losses or damage regarding the construction's completion

Since not every situation justifies suing an architect, it helps to understand how to sue an architect under Canadian law before you proceed. Below are some of the causes of action that common law provides when claiming damages and other remedies:

• breach of contract
• professional negligence
• provincial laws governing architects

We'll discuss these causes below. As the plaintiff, you must prove your claims by presenting convincing evidence in court.

Breach of contract by your architect

One of the most practical starting points when suing your architect is to review the terms and conditions of your contract. Your contract with your architect states the rights and obligations of both parties in a project. If any of these terms and conditions are violated, you have a cause for action against your architect.

Examples of breaches of contract

Some examples of breaches of contract that may be committed by your architect include:

• the design was not followed: when the agreed design was not followed by the architect, which may also involve the contractor and engineer, resulting in structural defects
• there are defects in the design: when the design (e.g., site plans, floor plans, elevations) prepared by your architect was erroneous or faulty, or did not meet industry or legal standards
• if there are unjustified delays: when there is an unreasonable delay in completing the project compared with the terms of the contract, which may be due to negligence or misconduct

Professional negligence of your architect

There are many ways an architect can be sued for negligence, including for malpractice, whether before or after the completion of the project:

• before the construction: if the architect is negligent in preparing the architectural plans (e.g., undervalued budget planning)
• during the construction: if the architect is negligent in supervising or inspecting the project, such as through poor project management

To prove a case of negligence in court, it must be established that you suffered substantial damages and that they were caused by your architect's negligence. In other words, it must be shown that your architect's negligence was the proximate cause of the damages you suffered.

Injuries and damages

The damages you suffered can be a basis for suing your architect, especially if they were preventable. Some instances of these include:

• when a person, such as a user of the building, was injured or has died
• financial losses or additional costs (e.g., for the repairs or deficient work)
• damage to the property caused by a triggering event, such as a fire or flash flood

Provincial laws governing architects

The different provinces and territories have enacted their own laws governing architects. These laws can cover the following matters:

• regulation of the professional practice of architects
• establishing the regulatory body or association of architects
• registration and licensing of architects (and interior designers), as administered by the regulatory body

These provincial or territorial laws may also be your basis for suing your architect. Below are some examples of these laws:

• Alberta: Architects Act
• British Columbia: Architects Act
• Ontario: Architects Act
• Québec: Architects Act
• Saskatchewan: The Architects Act, 1996

Professional misconduct of architects

These provincial and territorial laws provide for the offences that an architect may commit against their clients. This includes professional misconduct or misrepresentation by using the title "architect" without the proper licence.

Professional misconduct happens if your architect did not act according to the following:

• applicable Code of Ethics in your province or territory
• generally accepted standards for architects as professionals
• other reasonable customary conduct expected of architects

Is there a time limit on when I can sue my architect in Canada?

Suing your architect in court is a civil case, which is governed by your provincial or territorial statute of limitations. This means that after a specific period prescribed by law has passed, you will be barred from filing a case against your architect.

Limitation periods for suing an architect

For example, there are two types of limitations under Ontario's Limitations Act, 2002:

• Basic Limitation Period: 2 years (section 4)
• Ultimate Limitation Period: 15 years (section 15)

The Basic Limitation Period states that you have two years to file your claim in court, starting from the time that it was discovered. Otherwise, your case will be dismissed by the court.

When filing a case against your architect, the two years may start to run:

• after the completion or turnover of the constructed building or project or
• after the defect or problem was discovered due to some injury, loss, or damage

The Ultimate Limitation Period also applies, regardless of whether the Basic Limitation Period has run or not. This means that 15 years after the architect has rendered their services, you are permanently barred from filing a case against them.

For other provinces, a similar statute of limitations is also enacted. In British Columbia, the Limitation Act sets similar limitation periods to those in Ontario. You may also check with a professional liability lawyer for your provincial statute of limitations.

The above-mentioned provincial laws governing architects may also have separate limitations regarding their prescribed offences.

Who regulates architects in Canada?

In Canada, regulation of architects is governed by the provinces and territories. They delegate that authority to provincial and territorial regulatory bodies or associations of architects.

Aside from Ontario's OAA, some of the regulatory bodies or associations of architects in Canada include:

• Alberta: Alberta Association of Architects
• British Columbia: Architectural Institute of British Columbia
• Québec: Ordre des architectes du Québec
• Saskatchewan: Saskatchewan Association of Architects

These regulators or associations can accept complaints from the public regarding their member-architects. This can be a separate complaint that you can file, aside from suing your architect in court.

However, contractual disputes with your architects are outside the jurisdiction of these regulators. As such, they are focused on regulating professional conduct and receiving complaints related to that conduct.

How to sue an architect: Weighing the case against an architect

Ted Mosby may survive another breakup or a "wrong design" with a laugh track, but a real architect must face their contracts, regulators, and, if needed, the courts.

With clear advice, you can decide whether to negotiate or sue to resolve your dispute with your architect. That way, the story ends not with a dramatic twist, but with a result grounded firmly in law.

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