WRONGFUL DEATH

Wrongful Death Claims in Ontario

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.

01

Overview

When another person’s actions cause a death

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.

02

FAMILY & FINANCIAL LOSS

What can form part of a wrongful death claim

FAMILY RELATIONSHIP

Who may have a statutory claim

Ontario legislation identifies spouses, children, grandchildren, parents, grandparents and siblings as family members who may bring a dependant claim following a death.

CARE & COMPANIONSHIP

The loss extends beyond financial support

Damages may include compensation for the guidance, care and companionship the family member could reasonably have expected to receive from the deceased.

FINANCIAL CONTRIBUTION

Income and services may have been lost

The deceased may have contributed earnings, childcare, household work or other services whose loss creates a measurable financial effect on surviving family members.

RELATED EXPENSES

Certain costs may also be recoverable

The Family Law Act permits claims for reasonable funeral expenses and certain other actual expenses arising from the injury or death.

Important to Know

Ontario law defines which family members can claim.

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.

03

AFTER A FATAL INCIDENT

Information worth preserving early

01

Keep records surrounding the incident

Preserve reports, photographs, correspondence and information identifying the people or organizations involved in the circumstances that caused the death.

02

Document financial contributions

Income records, household expenses and information about services the deceased provided can help establish the practical financial impact on surviving family members.

03

Record family responsibilities

Information about caregiving, childcare, household work and other regular responsibilities can help show what the deceased contributed to family life.

04

Preserve estate and expense records

Keep funeral invoices, estate documents and other records connected to the death, as different claims may require different forms of documentation.

04

FAMILY & ESTATE CLAIMS

Different legal claims can arise from the same death

FAMILY LAW ACT CLAIM

Certain relatives may claim their own losses

Eligible family members may seek damages for losses resulting from the death, including reasonable expenses and loss of guidance, care and companionship.

ESTATE CLAIM

Some rights of the deceased may continue

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.

05

Evidence & Documentation

The evidence should show both responsibility and family loss

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.

06

How Lexera Can Help

Legal support through a difficult and complex claim

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.

07

Frequently Asked Questions

Common questions about wrongful death claims

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.

WRONGFUL DEATH

Questions about what happens next?

Tell us what happened, what you are dealing with now and any insurance or recovery issues involved.

Send an Inquiry

Tell us a little about your situation.

We will never share your information. This form is secure and your submission is confidential.