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Litigation

Can I recover damages for a lost chance in a professional negligence claim in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

It's difficult, and courts approach these claims cautiously. Ontario generally requires you to prove causation on a balance of probabilities - meaning you show it's more likely than not that the professional's negligence caused your actual loss, not merely that it cost you some chance of a better outcome. Pure "loss of chance" claims, where a plaintiff asks to be compensated for a reduced probability of success rather than a proven loss, have had a limited and inconsistent reception in Canadian courts outside a few specific contexts.

Where this issue comes up most often is legal malpractice involving a lost claim or a missed limitation period - there, courts do sometimes assess damages by evaluating what the underlying claim was probably worth, including a realistic discount for litigation risk the client would have faced anyway even with a competent lawyer. That's different from awarding damages purely for a lost statistical chance. Because this area is fact-sensitive and the legal framework is not settled the same way across every professional context, a claim resting mainly on lost chance rather than provable causation is a real litigation risk that should be assessed carefully before proceeding.

Key takeaways

  • Ontario generally requires proof, on a balance of probabilities, that negligence caused an actual loss - not just a reduced chance of success.
  • Pure loss-of-chance claims have had limited and inconsistent recognition in Canadian courts.
  • Legal malpractice involving a lost claim is one context where courts assess the value of what was probably lost, discounted for litigation risk.
  • A claim built mainly on lost chance, rather than provable causation, carries real litigation risk.
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 litigation lawyer can help.
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