Laying a private complaint

When the syndic makes the decision not to file a complaint, the person who asked for the inquiry is allowed to lay a disciplinary complaint. This is known as a private complaint.

The complaint must be supported by a sworn declaration and describe what the representative is accused of in detail. The burden of proof is on the complainant. It is thus the complainant’s responsibility to prove to the Disciplinary Committee that the representative did in fact commit the infractions named in the complaint.

Before deciding to lay a private complaint, we recommend that you review the decisions made by the Disciplinary Committee by clicking here, or consult an attorney. The Disciplinary Committee office cannot provide legal advice at any time.

Note that there is no fee for laying a complaint. However, if the respondent is acquitted on each of the charges in the complaint and the complaint is deemed to be abusive, frivolous or clearly without merit, the Disciplinary Committee can order the private complainant to pay costs and expenses, pursuant to section 151 of the Professional Code.

Click here for further information about disciplinary process, or contact the Disciplinary Committee office.