A wrongful death claim in Ontario arises when a person dies because of another party’s negligence, and certain family members are entitled to claim compensation for the losses that follow.

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Losing a family member in these circumstances is not just a legal issue. It often creates immediate financial pressure, long-term uncertainty, and a significant disruption to daily life for those left behind.

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Foster Injury Law represents families across Ontario in wrongful death claims. While many of these cases involve motor vehicle collisions, our experience also includes more unusual fatal incidents, such as a golf course drowning, a jet ski death, and pedestrian accidents, each requiring a different analysis of how the incident occurred and who may be legally responsible.

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What Is a Wrongful Death Claim in Ontario?

 

Wrongful death claims in Ontario are governed by the Family Law Act. These claims are not brought only on behalf of the deceased person. Instead, they are brought by surviving family members for the losses they personally experience as a result of the death.

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In practice, this means:

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• Multiple family members may have separate claims

• The focus is on the impact of the loss, not just the incident itself

• The evidence required often extends beyond medical records to include financial and family context

 

Eligible claimants typically include spouses, children, parents, and in some cases siblings. A more detailed explanation of how Family Law Act claims work can be found in our guide to Family Law Act claims in Ontario.

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How Wrongful Death Claims Arise

 

Although motor vehicle accidents are a common cause of wrongful death claims, many cases involve more complex or less obvious circumstances.

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Examples include:

• Drownings and incidents on private property: These cases often involve questions about supervision, safety measures, and whether the property was reasonably maintained. Liability may depend on what risks were known or should have been anticipated.

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• Pedestrian and roadway incidents: Even where fault appears clear, these cases frequently involve detailed analysis of visibility, reaction time, and right-of-way, and may require reconstruction evidence.

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• Recreational vehicle accidents, including jet skis: These claims can involve multiple parties and raise issues relating to operation, ownership, and compliance with safety expectations.

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• Professional negligence: Fatal outcomes connected to professional decisions require expert evidence to determine whether the standard of care was met and whether the death was preventable.

 

Certain types of accidents carry a higher risk of fatal injury. Incidents involving motorcycles and bicycles frequently involve greater exposure and vulnerability, and as a result, these cases are more likely to give rise to wrongful death claims where negligence is involved. In many situations, determining liability is not straightforward and requires a structured investigation.

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What Compensation Can Be Claimed?

 

Compensation in a wrongful death claim is based on the impact of the loss on surviving family members.

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Claims may include:

• Loss of care, guidance, and companionship

• Loss of financial support or dependency

• Funeral and related expenses

• Loss of household services

• Out-of-pocket expenses

 

In some cases, there may also be a claim relating to the pain and suffering experienced by the deceased prior to death, depending on the available evidence.

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Why These Claims Require Careful Analysis

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Wrongful death cases can be complex. They may involve:

• Multiple claimants with different losses

• Disputes over who is legally responsible

• The need for expert evidence on liability or financial impact

• Overlapping legal frameworks, particularly in motor vehicle cases

 

For example, a fatal collision may involve both accident benefits and a civil claim, each governed by different rules.

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How Foster Injury Law Assists Families

 

Our approach is focused on understanding both how the incident occurred and how the loss affects each member of the family. This typically includes:

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• Investigating the circumstances of the death

• Identifying all potentially responsible parties

• Working with appropriate experts where needed

• Building claims that reflect both financial and non-financial losses

• Managing the legal process so families can focus on immediate priorities

 

These cases are often difficult and require a careful, and thorough approach from the outset of the claim.

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Contact Foster Injury Law

 

If you have lost a family member due to negligence, you should consider consulting with an Ontario personal injury lawyer.

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Foster Injury Law assists families across the province with serious and fatal injury claims, including those arising from complex or less common circumstances.