Two insurance companies are each filing a lawsuit against the Chambre des notaires du Québec (CNQ), accusing the professional order of having led a “smear campaign” against them among its members by maintaining that their services do not respect the Quebec law.
Specializing in the niche sector of title insurance, FCT and FNF Canada offer data collection and delivery services “useful for finalizing notarial acts” during mortgage refinancing.
In the introductory applications filed this Thursday, they allege that the Chambre des notaires du Québec (CNQ) “intentionally and illegally hindered” their activities by asserting to its members that their services did not respect the law governing notaries.
According to FCT, in recent months the CNQ has led a “smear campaign” — “intimidation campaign,” according to FNF — by asserting that recent legislative changes would have the effect of prohibiting the use of their services.
“These attacks are manifested in particular by the dissemination of formal and informal communications from the CNQ to notaries, including threats of disciplinary proceedings for notaries who choose to continue to accept mandates with FCT,” we read in the request of the latter.
FCT and FNF are now asking the Court to reiterate that their activities are consistent with the laws of the province. They also ask to order the professional order to no longer suggest that a notary would “violate any obligation” by doing business with them, we can read in the FCT request.
The duty was unable to join the Chambre des notaires du Québec. None of the prosecution’s allegations have yet been proven in court.
In a press release, the two companies wrote: “This is not a decision that we took lightly, but the CNQ left us no other choice.” They recall that their services were recognized in 2017 by the Superior Court, then by the Court of Appeal, as part of a lawsuit filed by the CNQ.