Family Law Act Claims in Ontario Personal Injury: Compensation for Spouses and Dependants

The Family Law Act Provides Independent Claims

Part V of Ontario’s Family Law Act (FLA) grants independent rights to compensation for the close family members of persons who are injured or killed through another’s tortious conduct. These claims do not depend on the injured person’s cause of action — they are separate rights arising from the family relationship. In catastrophic injury cases, FLA claims can add substantial value to the overall litigation and should never be overlooked.

Who Can Claim Under Part V

The following family members of an injured or deceased person have standing to claim under the FLA: a spouse (including a common-law partner of three or more years, or less if they share a child); a child; a parent; a sibling; and a grandchild or grandparent. Each qualifying family member may advance an independent damages claim against the defendant tortfeasor.

What FLA Claimants Can Recover

FLA claimants may recover: actual expenses reasonably incurred as a result of the injury (such as home modifications to accommodate a disabled family member); loss of income arising from caring for the injured person; the value of services provided; and — most significantly — damages for loss of care, guidance, and companionship. For wrongful death, the FLA also provides funeral expenses and the present value of the deceased’s expected future contributions to the family.

FLA Claims in Motor Vehicle Accident Actions

In motor vehicle accident tort actions, FLA claims are advanced by the injured person’s counsel on behalf of all qualifying family members within the same action. The family members’ claims are consolidated with the primary plaintiff’s claim at discovery and trial, streamlining the litigation while preserving each claimant’s independent right to recovery.