Family Law Act Claims in Ontario: Section 61 Explained
- 3 days ago
- 5 min read
Updated: 2 days ago
Family members in Ontario have a statutory right to claim compensation when a person is injured or killed due to the fault or neglect of another. These claims arise under section 61 of the Family Law Act (Ontario).
They are commonly referred to as “FLA claims,” but that label tends to oversimplify what they actually involve. These are claims for the impact of an injury or death on a relationship, not for the injury itself.
They apply across personal injury law — not just car accident cases in Ontario — including occupiers’ liability, negligence claims, and wrongful death matters.
The Statutory Starting Point
Everything begins with the legislation.
Section 61(1) provides:
If a person is injured or killed by the fault or neglect of another, the spouse, children, grandchildren, parents, grandparents and siblings of the person are entitled to recover their pecuniary loss resulting from the injury or death.
Section 61(2) adds:
loss of care, guidance and companionship that the claimant might reasonably have expected to receive from the person if the injury or death had not occurred.
That is the entire framework — and most issues with FLA claims come from not properly working within it.
Two Different Types of Loss (And Why It Matters)
The statute creates two separate categories:
Pecuniary loss
and
Loss of care, guidance and companionship
That distinction affects:
how the claim is framed
what evidence is required
how the court approaches valuation
A common issue is treating these as interchangeable. They are not.
These Are called "Derivative Claims"
FLA claims are legally described as derivative, meaning they arise from the same wrongdoing as the primary claim.
Being a derivative claim means that:
if liability is not established, the claim fails
if liability is established, the claim depends on its own evidence
Each claimant must still prove:
the nature of the relationship
the loss they have experienced
how that loss connects to the injury or death
That is where these claims are often won or lost.
Who Can Bring a Claim
Section 61 defines a closed class of claimants:
Spouses (including common-law partners)
Children and grandchildren
Parents and grandparents
Siblings
The inclusion of siblings is often overlooked, but can be important where there is a close, meaningful relationship.
Loss of Care, Guidance and Companionship
This is the part most people focus on — and the part most often misunderstood.
Courts are not simply recognizing that a relationship existed. They are assessing how that relationship functioned and how it has changed.
In practice:
general statements carry little weight
detail matters
The court will want to understand things like:
how often the individuals saw each other
what role the person played in the family
what has actually changed on a day-to-day level
Two families can describe themselves as “close” and receive very different outcomes depending on how clearly that is demonstrated.
Pecuniary Losses
Pecuniary loss is clearly set out in the statute, but is frequently underdeveloped.
In many cases:
the injured or deceased person contributed to the household
those responsibilities shift to someone else
What is often missing is:
any tracking of that time
any attempt to value it
any structured presentation of the loss
Courts will compensate real financial loss, but it has to be shown in a way they can assess.
Injury Cases vs. Fatal Cases
There is a practical difference between the two.
Fatal cases
The loss is permanent. The claim focuses on the absence of the relationship going forward.
In these situations, the legal claim often proceeds as part of a broader wrongful death case.For a more detailed explanation of how these claims are advanced, see our wrongful death lawyers page.
Injury cases
The relationship continues, but in a different form. The issue becomes how it has changed. In many injury cases, the challenge is not identifying loss — it is proving its extent.
A Practical Note on Wrongful Death Claims
In fatal cases, FLA claims often become the primary focus of the litigation. While many claims arise from more typical scenarios, that is not always how these cases present in practice.
We have acted on wrongful death claims arising from very different circumstances, including incidents involving:
a drowning at a golf course property
a pedestrian fatality
What these cases tend to have in common is not the mechanism of injury, but what follows. Each turns on establishing the actual nature of the relationship — how the individuals interacted, what role the deceased played, and how that loss is experienced in practical terms.
In practice, courts focus far less on how the incident occurred and far more on whether the evidence shows a real, functioning relationship that has been lost.
That is where these claims are ultimately proven — or not.
How These Claims Are Proven
This is where the outcome is decided. Strong claims tend to include:
detailed evidence from the claimant
specific examples of the relationship before the incident
clear explanation of what has changed
documented confirmation of the relationship before the incident
documentation of caregiving or responsibilities
Weak claims tend to rely on:
general statements
limited detail
little corroboration
What Are These Claims Worth?
There is no formula. Courts look at:
comparable cases
the nature of the relationship
the extent of the change
In general terms:
modest impact → modest awards
meaningful disruption → mid-range awards
significant, life-altering impact → higher awards
Even in serious cases, the value is tied to the relationship itself, not just the severity of the injury.
Interaction With Other Claims
In motor vehicle accident claims, Family Law Act damages for loss of care, guidance and companionship are subject to a separate statutory deductible.
For accidents occurring in 2026, the deductible applicable to FLA claimants is $23,956.52.
Like the deductible applied to an injured plaintiff’s non-pecuniary damages, this amount is deducted from awards unless the damages exceed the level at which the deductible is effectively eliminated (often referred to as the “vanishing deductible”).
In practice, this means that many FLA awards — particularly in moderate cases — are reduced significantly once the deductible is applied.
Where FLA Claims Go Wrong
A few issues come up repeatedly:
treating the claim as automatic
failing to separate financial and relational loss
not documenting changes in the relationship
not quantifying caregiving or services
overstating claims without supporting evidence
Most of these are avoidable with proper preparation.
Why Section 61 Exists
At a basic level, the law recognizes that injury affects more than one person.
It affects:
relationships
roles within a household
the way a family functions
Section 61 is the mechanism for addressing that broader impact.
Final Thoughts
FLA claims are straightforward in concept but often difficult in execution.
The legislation is brief. What makes the difference in practice is:
how the claim is framed
how the evidence is developed
and whether the real impact of the injury is clearly shown
When that is done properly, these claims can have meaningful value and ensure the full consequences of an injury are recognized.
