Death Benefits Under Ontario’s SABS: What Families Are Entitled to After a Fatal Accident

Two Legal Frameworks After a Fatal Accident

The death of a family member in a motor vehicle accident triggers entitlements under two separate legal frameworks: accident benefits under the SABS, providing immediate financial support to surviving family members; and a potential tort claim against the at-fault driver, advancing both the deceased’s estate’s claims and the independent Family Law Act claims of qualifying family members. Both tracks must be pursued simultaneously.

SABS Death Benefits

Ontario’s SABS provides three financial benefits following a fatal accident. First, the death benefit: $25,000 to the surviving spouse (or person most responsible for the deceased’s care if no spouse); and $10,000 to each of the deceased’s dependants. Second, funeral and burial expense benefits of up to $6,000. Third, grief counselling benefits of up to $400 per person per week for the spouse and each dependant for up to 26 weeks.

The Tort Claim: Wrongful Death and the Family Law Act

Where another person’s negligence caused the fatal accident, both the deceased’s estate and qualifying family members may pursue tort damages. The estate may recover the deceased’s pain and suffering from the moment of accident to death, and any income loss in that period. Under Part V of the Family Law Act, each qualifying family member — spouse, child, parent, grandparent, grandchild, sibling — may independently claim for funeral expenses, loss of income and services, and damages for loss of care, guidance, and companionship.

The Critical Importance of Early Legal Involvement

Fatal accident cases involve complex interplay between SABS entitlements, estate law, and FLA claims — each with its own deadlines and procedural requirements. Grief does not suspend limitation periods. Retaining an experienced personal injury lawyer promptly after a fatal accident ensures every available source of compensation is identified and pursued, and that all applicable deadlines are met.