Who Can File a Wrongful Death Claim in Ontario?
Losing a loved one is one of the most emotionally devastating experiences anyone can endure. When that loss is the result of someone else’s negligence or wrongful act, the pain can feel even more profound—and unjust. In Ontario, family members have the right to seek justice and financial compensation through a wrongful death claim. But one of the most common questions we receive as wrongful death lawyers in Toronto is: Who can file a wrongful death claim?
This blog post will walk you through the legal framework in Ontario, who qualifies to bring a claim, what damages may be recovered, and how a lawyer can help during this difficult time.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action brought against a person, business, or organization whose negligent, reckless, or intentional conduct caused someone’s death. Unlike criminal charges, which are pursued by the state and may result in jail time, a wrongful death claim is initiated by the deceased’s family members and seeks monetary compensation for their loss.
In Ontario, wrongful death claims are governed by the Family Law Act (FLA). This law outlines who can sue, what compensation is available, and how these claims are processed in court.
Who Is Eligible to File a Wrongful Death Claim in Ontario?
Under Section 61 of the Family Law Act, the following individuals may bring a wrongful death claim if they have suffered a loss due to the death of a family member:
- Spouse (this includes legally married spouses and common-law partners who have cohabited continuously for at least three years, or have a child together)
- Children (biological or adopted)
- Parents
- Siblings
- Grandparents
- Grandchildren
These family members must demonstrate that they have experienced emotional, financial, or other personal loss as a result of the deceased person’s death.
Special Note on Common-Law Spouses
In Ontario, common-law spouses are recognized under the Family Law Act if they meet the required conditions. If you lived with your partner continuously for at least three years, or if you share a child, you may have legal standing to pursue a wrongful death claim, even without formal marriage.
Types of Incidents That May Lead to a Wrongful Death Claim
Not every death is considered wrongful under the law. A claim must show that the death was caused by negligence, recklessness, or intentional misconduct. Common causes of wrongful death in Ontario include:
- Car or truck accidents
- Medical malpractice
- Workplace accidents (in certain situations beyond WSIB)
- Fatal slips and falls
- Defective or dangerous products
- Nursing home neglect or abuse
- Criminal assaults or violence
Each case requires detailed investigation to determine liability and prove that the defendant’s actions were a direct cause of the death.
Damages You Can Claim in a Wrongful Death Lawsuit
Eligible family members may be entitled to a variety of damages, which are meant to compensate them for both financial and emotional losses. These may include:
- Loss of care, guidance, and companionship that the deceased would have provided
- Funeral and burial expenses
- Loss of income or financial support previously provided by the deceased
- Loss of household services, such as childcare, cleaning, or home maintenance
- Travel expenses to visit the deceased before death, if they were hospitalized
- Grief, mental anguish, and emotional suffering
Courts in Ontario assess these damages based on the nature of the relationship between the claimant and the deceased, the dependency on the deceased, and the severity of the emotional and financial impact.
How to File a Wrongful Death Claim in Ontario
To begin the process, a statement of claim must be filed with the Ontario Superior Court of Justice. There is a two-year limitation period from the date of death, so it’s crucial to act promptly.
The legal process typically involves:
- Identifying the eligible claimants
- Gathering evidence of negligence or wrongdoing
- Documenting financial and emotional losses
- Negotiating a settlement or proceeding to court, if necessary
Given the legal complexity and emotional strain, it’s highly recommended to work with a wrongful death lawyer in Toronto who can manage the claim and protect your interests.
Why You Need a Wrongful Death Lawyer
Wrongful death cases involve sensitive details, complex liability issues, and emotional trauma. A skilled lawyer can provide:
- Legal guidance tailored to Ontario laws
- Thorough investigation and evidence collection
- Negotiation with insurance companies or opposing parties
- Advocacy in court if a settlement cannot be reached
At a time when your focus should be on healing and supporting your family, a lawyer ensures that your legal rights are fully protected.
Conclusion
Understanding who can file a wrongful death claim in Ontario is the first step toward justice and closure. Whether you’re a spouse, parent, child, or sibling of someone who has died due to negligence, you may have the legal right to pursue compensation.
If you believe your loved one’s death was wrongful, our Toronto wrongful death lawyers are here to help. Contact us today for a free, compassionate consultation.
