When a death is caused by another person’s fault or negligence, certain family members may have a claim for resulting losses. Lexera helps families understand the available claims and the evidence needed to support them.
Ontario law allows certain family members to pursue damages where a person is killed in circumstances that would have allowed the deceased to recover damages had they survived.
The resulting claim can address financial losses and the loss of guidance, care and companionship. Separate rights may also exist through the deceased person’s estate.
Ontario legislation identifies spouses, children, grandchildren, parents, grandparents and siblings as family members who may bring a dependant claim following a death.
Damages may include compensation for the guidance, care and companionship the family member could reasonably have expected to receive from the deceased.
The deceased may have contributed earnings, childcare, household work or other services whose loss creates a measurable financial effect on surviving family members.
The Family Law Act permits claims for reasonable funeral expenses and certain other actual expenses arising from the injury or death.
A wrongful death claim is not available to every relative automatically. The Family Law Act identifies specific family relationships that are entitled to pursue damages arising from the death.
Preserve reports, photographs, correspondence and information identifying the people or organizations involved in the circumstances that caused the death.
Income records, household expenses and information about services the deceased provided can help establish the practical financial impact on surviving family members.
Information about caregiving, childcare, household work and other regular responsibilities can help show what the deceased contributed to family life.
Keep funeral invoices, estate documents and other records connected to the death, as different claims may require different forms of documentation.
Eligible family members may seek damages for losses resulting from the death, including reasonable expenses and loss of guidance, care and companionship.
Ontario’s Trustee Act allows an executor or administrator to continue certain claims the deceased could have pursued if living, subject to specific limits and requirements.
Reports, photographs, witness information and other records from the underlying incident can help establish how the death occurred and whether another party was legally responsible.
Financial records, funeral expenses and evidence of the deceased’s role in caregiving, household responsibilities and family life can help document the losses claimed by surviving relatives.
Lexera can investigate the circumstances that caused the death, identify the parties who may be responsible and determine which family and estate claims may be available.
The legal team can also help organize financial, family and estate evidence so the claim reflects both the practical losses and the relationships affected by the death.
Ontario’s Family Law Act allows spouses, children, grandchildren, parents, grandparents and siblings to claim qualifying losses resulting from a death caused by another person’s fault or neglect.
Depending on the circumstances, damages may include funeral expenses, certain other actual expenses, loss of income or services and compensation for loss of guidance, care and companionship.
Yes. Family members pursue their own losses under the Family Law Act, while an executor or administrator may have separate rights to pursue certain claims on behalf of the deceased person’s estate.
Ontario generally applies a two-year limitation period from discovery of a claim, although the applicable deadline can depend on the circumstances. Trustee Act claims also have a specific two-year period measured from death.
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