The Law Recognizes the Family's Loss

When a person dies because of someone else's negligence — in a collision, a fall, a medical error, or a defective product — Ontario law gives the surviving family the right to seek compensation. No claim can undo the loss, but it can provide financial security, hold the responsible party accountable, and bring a measure of closure.

Two Types of Claim After a Wrongful Death

  • Family Law Act claims (section 61): Certain family members — spouses, children, grandchildren, parents, grandparents, and siblings — can claim in their own right for their losses arising from the death, including loss of the deceased's care, guidance, and companionship, loss of financial support and dependency, and reasonable funeral and related expenses.
  • Estate (survival) claims under the Trustee Act: The deceased's estate can continue the claim the deceased could have brought, recovering losses sustained between the injury and death, such as pre-death pain and suffering and expenses.

Ontario does not award damages for grief itself. Instead, Family Law Act claims compensate the measurable value of the lost relationship — the guidance, care, and companionship the deceased would have provided — and the financial dependency the family has lost.

What the Family Can Recover

Depending on the circumstances, recoverable losses include:

  • Loss of financial support and dependency, especially where the deceased was a breadwinner.
  • Loss of care, guidance, and companionship for spouses and children.
  • The value of services the deceased provided — childcare, housekeeping, and home maintenance.
  • Reasonable funeral and burial expenses and out-of-pocket costs.
  • Pre-death losses recovered through the estate.

Handled With Compassion and Rigour

These are emotionally difficult cases, and we approach them with sensitivity — while pursuing them with the thorough, evidence-based rigour they require. We work with economists and other experts to quantify the family's loss properly and to ensure that dependent children, in particular, are provided for.

Time limits apply to wrongful-death claims, generally two years, with the precise start date depending on the circumstances. Where a public authority or municipality may be responsible, much shorter notice periods can apply. Please contact us promptly so no deadline is missed.

Frequently Asked Questions

Who is allowed to bring a wrongful-death claim in Ontario?
Under section 61 of the Family Law Act, eligible family members — including spouses, children, grandchildren, parents, grandparents, and siblings — may claim for their own losses arising from the death. Separately, the deceased's estate may continue the claim under the Trustee Act.
Can we recover damages for our grief and sorrow?
Ontario does not award damages for grief itself. Family Law Act claims instead compensate the measurable value of the lost relationship — the loss of care, guidance, and companionship — and the loss of financial support and dependency, along with funeral and related expenses.
What financial losses can the family claim?
These can include the loss of the deceased's income and the family's financial dependency, the value of services the deceased provided such as childcare and household work, loss of care and companionship, funeral and burial costs, and pre-death losses recovered through the estate.
How long do we have to bring a claim?
Generally two years, though the precise start date depends on the circumstances, and much shorter notice periods can apply where a municipality or public authority may be responsible. Please contact us promptly so deadlines are protected.
How does Azimi Law handle these cases?
With compassion and rigour. We take on the legal burden so the family can grieve, work with economists and other experts to quantify the loss properly, and act on a contingency basis — no fee unless we recover for you.