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Can I claim from the Law Society's compensation fund if my lawyer's trust account is drained by wire fraud?

TSL Written by the Treadstone Law team· Updated August 2026

The Law Society of Ontario maintains a compensation fund intended to provide relief where a client suffers a loss because of the dishonesty of their own lawyer or licensee, such as a lawyer actually misusing trust funds. It is a discretionary fund with its own claims process, and it is aimed specifically at dishonesty by the licensee, not simply any loss connected to a real estate transaction.

Where a trust account is drained by an outside fraud, such as an impersonation scam that tricked a lawyer's office into wiring money to a fraudulent account without any dishonesty on the lawyer's own part, whether that fits the fund's purpose is a fact-specific question rather than something to assume either way. Other avenues, such as a professional negligence claim against the lawyer if their office failed to take reasonable precautions, or pursuing the fraudster directly and involving police, may also be relevant depending on exactly what happened. Because eligibility and outcomes depend heavily on the specific facts, speak with the Law Society directly and with another lawyer about your options.

Key takeaways

  • The compensation fund is aimed at losses caused by a licensee's own dishonesty, not any loss generally.
  • Whether outside fraud against a firm fits the fund's purpose depends on the specific facts.
  • A negligence claim against the firm may be a separate available avenue in some cases.
  • Speak with the Law Society directly and with another lawyer to assess your specific situation.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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