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Misconduct by Regulator:
Quasi-Judicial Immunity Unless Mala Fide
Last Updated: August 23 2026
Question: If a regulatory licensing body in Ontario investigated me, can I sue them or the people involved for errors in the process?
Answer: PKM Legal Services can help you assess whether a claim against an Ontario regulatory body or its staff is possible, because regulatory decision-making in investigations and discipline is generally shielded by statutory immunity or absolute privilege in quasi-judicial proceedings, and lawsuits usually require more than a mistake: you generally must show malicious conduct rather than just “innocent” errors. For example, Law Society Act, R.S.O. 1990, c. L.8, s. 9 limits damages actions against Law Society officers and employees for acts done in good faith, and courts have also recognized quasi-judicial privilege where the body acted without malice, including in Dechant v. Stevens, 2001 ABCA 39. Call (519) 410-5250 for a practical, paralegal-led review of your facts in Ontario and next-step options.
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Malice Exception to Prosecutorial Immunity
Regulatory bodies that oversee different professions, along with the employees thereof, are provided with immunity from liability for errors in judgment or decisions made during investigative or disciplinary proceedings with an exception for when malice, rather than innocent error, is involved.
Note: Please contact PKM Legal Services by phone at: (519) 410-5250 to discuss any specific questions that you may have.
The Law
Regulatory bodies and the personnel thereof receive immunity from liability via codification within the relevant empowering statute law or via the absolute privilege principles applicable to quasi-judicial proceedings in common law. The Law Society Act, R.S.O. 1990, c. L.8, provides an example of an immunity provision within an empowering statute while the common case of Dechant v. Stevens, 2001 ABCA 39, provides an example of the absolute privilege applicable to regulatory bodies as well as the employed persons thereof who act in a quasi-judicial capacity, whereas each state:
Liability of benchers, officers and employees
9 No action or other proceedings for damages shall be instituted against the Treasurer or any bencher, official of the Society or person appointed in Convocation for any act done in good faith in the performance or intended performance of any duty or in the exercise or in the intended exercise of any power under this Act, a regulation, a by-law or a rule of practice and procedure, or for any neglect or default in the performance or exercise in good faith of any such duty or power.
[36] Canadian courts have held that the disciplinary processes of Law Societies can fall within the ambit of quasi-judicial proceedings. Consideration of the role of the Law Society began with the Supreme Court of Canada decision in Harris v. Law Society of Alberta, 1936 CanLII 18 (SCC), [1936] 1 D.L.R. 401 S.C.C.) at 414 where Rinfret J. said:
It is obvious that the Benchers were acting in good faith. They were only “endeavouring to do their duty to the public and the profession.” Now, provided they take the proper course, and within the conditions specified by the statute, the Benchers have the power to order the striking of the name of a member from the rolls of the Society. In the exercise of those powers, they perform a function not merely ministerial, but discretionary and judicial.
This decision, however, did not deal with absolute privilege and instead considered whether the professional body could be liable for damages for wrongful disbarment. In concluding that the Law Society could not be liable for damages, the court not only noted that the Law Society’s decision-making functions were discretionary and judicial, but also emphasized that the professional body acted in good faith. Thus, while the Law Society is protected from suit, the protection specifically involved a good faith component.
[37] Following the Supreme Court’s decision in Harris, the Ontario Court of Appeal in French et al. v. The Law Society of Upper Canada (1975), 1975 CanLII 40 (ON CA), 61 D.L.R. (3d) 28 (Ont. C.A.) found that the investigative functions of the Law Society, as well as the selection of the Discipline Committee, were quasi-judicial in nature. In particular, Lacourciere J.A. noted, at 32 that “[t]he investigative function of the Law Society and the preparation and swearing of the complaints against the appellant solicitor were discretionary and quasi-judicial acts.” Notably, the court cited Harris, with approval, as authority for the proposition that the Law Society would not be liable for erroneous exercise of its discretion, if it acted bona fide and without malice.
Conclusion
If a person who was subjected to the investigative or disciplinary processes of a regulatory body wishes to bring a lawsuit against the regulatory body or those persons who were acting on behalf of the regulatory body, evidence of malicious conduct is required whereas immunity from liability for innocent mistakes exists.
NOTE: A considerable amount of online searches that include “lawyers near me” or “best lawyer in” frequently indicate an urgent requirement for competent legal assistance instead of a specific designation. In Ontario, licensed paralegals are governed by the same Law Society that supervises lawyers and are permitted to represent clients in specific litigation scenarios. Skills in advocacy, legal analysis, and procedures are fundamental to this function. PKM Legal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidence preparation, and compelling advocacy designed to secure efficient and favourable outcomes for clients.
