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The Most Common Grounds for Complaint

Complaints against professionals that the Syndic’s Office receives fall under one or more of the following eight categories.

1. NEGLIGENCE

This category includes all grounds related to: 
  • failure and negligence with respect to deadlines; 
  • failure and negligence with respect to the full and accurate communication of information; 
  • failure and negligence with respect to procedures used (such as maintaining client-files, etc.). 
Negligence also encompasses other grounds that are not included in the eight categories, such as those related to the negligent practice of the profession or non-compliance with established directives, standards, requirements and obligations. 
 
Ethical Obligations, Sources: 
  • Code of Ethics of Damage Insurance Representatives: sections 9 and 37 (1) 
  • Code of Ethics of Claims Adjusters: sections 10 and 58 (1) 

2. FAILURE TO EXPLAIN, INFORM AND ADVISE 

This category includes all grounds related to: 
  • the various obligations to provide information and advice; 
  • the act of misleading others. 
It also includes all types of communication and relationships with both clients and other members of the ChAD. 
 
Ethical Obligations, Sources: 
  • Code of Ethics of Damage Insurance Representatives: sections 12, 22, 25, 26, 29, 37(4), 37(6) and 37(10) 
  • Code of Ethics of Claims Adjusters: sections 12, 18, 19 and 21 

3. ATTITUDE (LACK OF MODERATION AND OBJECTIVITY) 

This category includes all grounds related to: 
  • one’s behaviour or actions towards clients or members of the industry, whether verbal, or in writing; or physical or psychological; 
  • any issues concerning certain fundamental values, including respect, transparency, integrity, availability, professionalism, openness, diligence and probity; 
  • respect for the physical and mental state of health of persons involved; 
  • a lack of objectivity; 
  • the obligation to not denigrate; 
  • the obligation to act with probity; 
  • the obligation to refrain from acting under circumstances that could compromise quality of service. 
Ethical Obligations, Sources: 
  • Code of Ethics of Damage Insurance Representatives: sections 14, 18, 30, 31, 37, 37 (2) and 37 (5) 
  • Code of Ethics of Claims Adjusters: sections 11 (5), 15, 50, 58, 58 (2) and 58 (13) 

4. POORLY CARRYING OUT THE MANDATE 

This category includes all grounds related to: 
  • obligations with respect to reporting and quality such as those specifically described in the Act respecting the distribution of financial products and services (ARDFPS) and the codes of ethics of representatives and claims adjusters; 
  • obligations with respect to collecting information; 
  • obligations with respect to renewals; 
  • obligations with respect to acting promptly and honestly. 
Ethical Obligations, Sources: 
  • Code of Ethics of Damage Insurance Representatives: sections 25, 26 and 37 (4) 
  • Code of Ethics of Claims Adjusters: sections 27, 28, 31, 32, 33, 34, 35, 37 and 40 

5. PERSONAL INFORMATION 

This category includes all grounds related to the illegal or prohibited disclosure or communication of personal or confidential information protected under the ARDFPS, the regulations or ChAD directives, regardless of the circumstances or the means used. 
 
These grounds may be invoked with regard to protecting the rights of both active and inactive clients, as well as any member of the ChAD. 
 
Ethical Obligations, Sources: 
  • Code of Ethics of Damage Insurance Representatives: sections 23 and 24 
  • Code of Ethics of Claims Adjusters: sections 22 and 23 

6. FALSIFIED DOCUMENTS, MISREPRESENTATIONS 

This category includes grounds related to: 
  • forgery; 
  • falsification of documents or signatures; 
  • lying; 
  • any action or inaction intended to mislead in order to hide or alter the truth or the accuracy of the facts. 
Ethical Obligations, Sources: 
  • Code of Ethics of Damage Insurance Representatives: sections 15, 16, 30, 37(7), 37(9) 
  • Code of Ethics of Claims Adjusters: sections 16, 25, 58(5), 58(6) 

7. CONFLICT OF INTEREST 

This category includes all grounds related to the appearance of personal, corporate or institutional conflicts arising from commercial, legal or financial interests. Thus, anything that appears, directly or indirectly, to create a conflicting issue that results in a situation with winners and losers—whether or not this prejudices the client, another member of the ChAD, or the insurer—is included in this category. 
 
Ethical Obligations, Sources: 
  • Code of Ethics of Damage Insurance Representatives: sections 6, 10 (1), 10 (2), 19, 33 and 37 (3) 
  • Code of Ethics of Claims Adjusters: sections 8, 9, 11 (1), 11 (2) and 29 

8. HINDERING, FAILURE TO RESPOND 

This category includes all grounds related to: 
  • obligations to cooperate and comply with the legitimate expectations and requirements of the Syndic’s Office; 
  • obligations to be available, and act speedily and honestly; 
  • compliance with directives or requests from the Syndic’s Office, in any form. 
Ethical Obligations, Sources: 
  • Code of Ethics of Damage Insurance Representatives: sections 34, 34.1, 35 and 36 
  • Code of Ethics of Claims Adjusters: sections 54, 55, 56 and 57