Understanding Compensation for Loss of Care, Guidance, and Companionship After a Wrongful Death in Ontario
When a family member dies in a preventable accident—whether in a car crash, a fall, or another act of negligence—the emotional toll can be immense. Ontario law recognizes this kind of non-financial harm through damages for loss of care, guidance, and companionship.
At Auger Hollingsworth, we work closely with families to ensure this loss is taken seriously and fully recognized in a legal claim. In this article, we explain how these damages are assessed, what courts consider, and how your own personal materials—photos, texts, videos, letters—can make all the difference.
What Are Loss of Care, Guidance, and Companionship Damages?
Under Section 61 of Ontario’s Family Law Act, certain close relatives—such as spouses, parents, children, and siblings—can claim compensation when someone dies due to another person’s negligence.
These damages are non-pecuniary, meaning they compensate for emotional and relational loss: the love, support, guidance, and companionship you no longer receive because of the death.
How Do Courts Assess These Damages?
There’s no formula or cap. Instead, courts consider:
- The closeness and nature of the relationship
- The level of emotional and practical support the deceased provided
- The impact of the loss on the claimant’s day-to-day life
As of 2025, courts in Ontario generally award:
- $150,000–$170,000 to a parent for the death of a child
- $80,000–$130,000 to a surviving spouse
- $50,000–$90,000 to a child for the death of a parent
- Lower amounts for more distant relationships
🔍 Jury awards—like the $250,000 per parent in Moore v. 7595611 Canada Corp.—tend to be more generous. Judge-alone decisions are usually more conservative unless the relationship was especially compelling and well-documented.
How You Can Help Strengthen the Evidence
One of the most important ways a client can assist in building a strong claim is by helping us paint a clear and authentic picture of the relationship they had with the deceased. Courts and insurers respond strongly to real, relatable, human proof.
Here are some of the most effective types of evidence:
- Photographs and videos of holidays, birthdays, family traditions, everyday moments
- Text messages and emails showing care, check-ins, jokes, shared life events
- Social media posts with the deceased: photos, comments, messages
- Cards or letters that demonstrate emotional closeness
👉 In one of our past cases, a grieving widow shared dozens of handwritten love letters from her husband, written over the years while he traveled for business. These deeply personal letters vividly conveyed the strength of their bond. The insurance company, moved by this evidence, offered significant compensation early in the case, avoiding a prolonged legal fight.
The more unique and detailed your relationship story is, the more likely it is that a court—or an insurer—will appreciate the magnitude of your loss.
Why This Evidence Matters
The law acknowledges loss—but it’s your story that brings it to life. The more vividly we can show who the deceased was to you, the more persuasive your case becomes. At Auger Hollingsworth, we’re experienced in helping families compile and present this kind of personal, powerful evidence with professionalism and respect.
Talk to a Lawyer About Your Loss
If you’ve lost a loved one in a fatal motor vehicle accident, fall, or other accident in Ontario, you may be entitled to significant compensation. Let Auger Hollingsworth help you tell your story—and fight for the justice your loved one deserves.
Contact us today for a free, no-obligation consultation.
