What Can Families Claim After a Fatal Accident in Ontario?
Losing a loved one in a preventable accident—whether from a car crash, a fall, or another act of negligence—is one of the hardest things a family can endure. In addition to overwhelming grief, many families are left wondering what legal rights they have and whether compensation is available.
At Auger Hollingsworth, we help families across Ontario pursue claims under the Family Law Act when a relative is killed due to someone else’s fault. This article explains what you can recover, how compensation is calculated, and what recent case law means for your fatal accident claim.
Who Can Make a Claim?
Under Section 61 of Ontario’s Family Law Act (FLA), certain relatives can seek damages for the loss of a loved one caused by another’s negligence. Eligible claimants include:
- Spouses (including common-law)
- Children
- Parents
- Grandparents and grandchildren
- Siblings
These claims often arise from fatal car accidents, serious falls, or other types of negligent conduct.
What Damages Can Be Claimed?
Family members may be entitled to several types of compensation, including:
- Loss of care, guidance, and companionship
The most significant category of damages, this is compensation for the emotional and relational loss caused by the death. - Actual financial losses
This includes funeral costs, medical bills, travel expenses to visit the injured person, and more. - Loss of services
If the deceased performed household, childcare, or caregiving services, the value of those lost contributions can be claimed. - Loss of income or financial support
In limited situations, economic dependency can be established, allowing recovery of lost financial contributions.
How Much Is the Claim Worth?
There is no legislated cap in Ontario, and Moore v. 7595611 Canada Corp. confirmed that jury awards will only be overturned if they are so high they “shock the conscience of the court.” As a result, awards have risen in recent years—but outcomes still vary.
Here are inflation-adjusted estimates (as of 2025) based on recent case law:
| Relationship | Typical Range (2025) | Notes |
| Parent for deceased child | $150,000 – $170,000 | Upper range; often jury-based |
| Spouse for deceased spouse | $80,000 – $130,000 | Closer to $100K in judge-alone cases |
| Child for deceased parent | $50,000 – $90,000 | Age and dependency affect award |
| Sibling / Grandchild | $20,000 – $50,000 | Generally lower unless very close |
📝 Important Note:
In judge-alone trials, courts tend to be more restrained. Judges are guided by precedent and typically award lower amounts than juries unless there is especially compelling evidence. In Zarei v. Islamic Republic of Iran, for example, the court awarded $200,000 per claimant (less than the $250,000 in Moore), noting that this was a fair upper range for judge-determined cases.
Why Legal Representation Matters
Establishing a strong claim for loss of guidance, care, and companionship requires more than filling out forms. It demands a detailed picture of your family’s life—photos, written statements, expert reports, and emotional context.
At Auger Hollingsworth, we know how to present your loss in a way that helps insurers, defence lawyers, and judges understand the full impact of your grief—and why full compensation is warranted.
Talk to a Fatal Injury Lawyer Today
If your loved one died due to a motor vehicle accident, fall, or other negligence in Ontario, contact Auger Hollingsworth for a free consultation. We’ll explain your rights, assess your potential claim, and guide you every step of the way.
Let our experience—and values—work for you.
