Wrongful Death Lawyers in Ontario
Losing a loved one to another person's negligence is devastating. The team at Diamond and Diamond has experience guiding grieving families through the legal process - so you can focus on healing while we fight for the compensation your family deserves.
Understanding Wrongful Death Claims
What Is a Wrongful Death Claim in Ontario?
A wrongful death claim arises when a person dies as a result of another party's negligence or misconduct. In Ontario, this type of claim is governed by Part V of the Family Law Act, specifically under Section 61. The legislation provides certain family members with a legal right to pursue compensation for the financial and emotional losses caused by their loved one's death.
These claims are derivative in nature - meaning they are based on the right the deceased person would have had to sue for their own injuries, had they survived. The claim belongs to the surviving dependants, not to the estate, and is brought to recover the individual losses that each family member has suffered.
Wrongful death claims can arise from a wide range of circumstances, including motor vehicle collisions, medical errors, unsafe property conditions, workplace incidents, and defective products. Regardless of the cause, the central question is whether another party's failure to exercise reasonable care resulted in a fatal outcome.
Navigating a wrongful death claim while grieving is incredibly difficult. The team of lawyers at Diamond and Diamond has experience handling these sensitive cases and is committed to providing families with clear guidance, strong advocacy, and the compassionate support they need during this time.
Eligible Claimants
Who Can File a Wrongful Death Claim?
Section 61(1) of Ontario's Family Law Act identifies the family members who are entitled to bring a wrongful death claim. The following relatives of the deceased may pursue compensation for their losses.
Spouse
Children
Parents
Grandchildren
Grandparents
Siblings
Common Causes
How Wrongful Death Claims Arise
Wrongful death claims can result from any situation where another party's negligence or misconduct leads to a fatal outcome. Some of the most common scenarios include the following.
Motor Vehicle Collisions
Fatal car, truck, motorcycle, and pedestrian accidents caused by impaired driving, distracted driving, speeding, or other forms of driver negligence remain among the leading causes of wrongful death claims in Ontario.
Medical Negligence
When a health care provider's failure to meet the accepted standard of care - such as a misdiagnosis, surgical error, or medication mistake - results in a patient's death, surviving family members may have grounds for a claim.
Premises Liability
Property owners have a duty to maintain safe conditions. Fatal slip and fall incidents, structural failures, or hazardous conditions on commercial or residential properties can give rise to wrongful death actions.
Workplace Incidents
When an employer or third party's negligence contributes to a fatal workplace accident - particularly in construction, manufacturing, or industrial settings - families may pursue a civil wrongful death claim.
Defective Products
Manufacturers, distributors, and retailers can be held liable when a defective or dangerous product causes fatal injuries, whether due to design flaws, manufacturing defects, or inadequate safety warnings.
Nursing Home Negligence
When a long-term care facility's failure to provide adequate supervision, medical attention, or safe living conditions leads to a resident's death, the family may have the basis for a wrongful death claim.
Compensation
What Damages Can Be Recovered?
Section 61(2) of the Family Law Act sets out the types of compensation that eligible family members may claim in a wrongful death action. These include the following.
Loss of Guidance, Care, and Companionship
Compensation for the emotional bond, parental guidance, daily companionship, and care that each family member has lost as a result of the death. Courts assess this on a case-by-case basis.
Loss of Financial Support
If the deceased was a provider, family members can claim for the past and future income, pension contributions, and financial support they would have received had the death not occurred.
Loss of Household Services
Compensation for the value of services the deceased would have provided in the home, including childcare, cooking, maintenance, and other domestic contributions.
Funeral and Burial Expenses
Reasonable costs related to the funeral, burial, or cremation of the deceased are recoverable by eligible family members under the Act.
Actual Expenses Incurred
This includes medical expenses incurred before the death for the benefit of the deceased, travel costs for hospital visits, and other out-of-pocket expenses directly related to the injury.
Nursing and Caregiving Costs
Where a family member provided nursing, caregiving, or housekeeping services to the injured person before their death, they may claim for the value of those services or their lost income during that time.
Time Limits
Ontario's Limitation Period for Wrongful Death Claims
In Ontario, the general limitation period for filing a wrongful death claim is two years from the date of the deceased's death. If this deadline passes without legal action being commenced, the right to seek compensation may be permanently lost - regardless of the strength of the case.
There are limited exceptions. For example, if a claimant is a minor, the limitation period may be suspended until they reach the age of majority or a litigation guardian is appointed. In some circumstances, the limitation period may also be extended if the cause of death was not immediately apparent.
Because time is critical, it is important to speak with a lawyer as soon as possible. Early legal advice ensures that evidence is preserved, deadlines are met, and your family's right to pursue a claim is protected.
The Process
How a Wrongful Death Claim Works
While every case is unique, the general steps involved in pursuing a wrongful death claim in Ontario typically follow this path.
Initial Consultation
You meet with a lawyer to discuss the circumstances surrounding your loved one's death. The lawyer evaluates the facts to determine whether there are grounds for a claim.
Investigation
Your legal team gathers evidence - including police reports, medical records, witness statements, and other documentation - to build a thorough understanding of how the death occurred and who is responsible.
Filing the Claim
A statement of claim is filed on behalf of the eligible family members, outlining the legal basis for the action and the compensation being sought under the Family Law Act.
Negotiation or Trial
Many wrongful death cases are resolved through negotiation and settlement. If a fair resolution cannot be reached, your legal team is prepared to take the matter to trial to pursue the outcome your family deserves.
Frequently Asked Questions
Common Questions About Wrongful Death Claims
Your Family Deserves Answers and Support
When personal injuries occur due to negligence, it is essential to understand your rights. The team of lawyers at Diamond and Diamond has experience handling wrongful death claims and is here to provide the guidance your family needs.
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