How Courts Decide How Much Grieving Family Members Receive After a Fatal Injury in Ontario
When a loved one dies due to someone else’s negligence—such as in a fatal car accident or slip and fall—the surviving family members are left with profound grief and disruption. But how do Ontario courts decide what that loss is “worth”?
At Auger Hollingsworth, we work with grieving families every day to present these losses to insurers and the court in a way that’s respectful, powerful, and legally persuasive. This article explains how courts assess Family Law Act (FLA) damages, why every case is unique, and what you can do to support your claim.
What Does the Law Allow?
Under Section 61 of the Family Law Act, certain family members—including spouses, children, parents, and siblings—can claim compensation for:
- Loss of care, guidance, and companionship
- Out-of-pocket expenses (e.g., funeral costs, therapy)
- Loss of household services or income provided by the deceased
Of these, care, guidance, and companionship is often the most significant component in fatality cases. This is compensation for the emotional and relational loss that comes from no longer having the deceased in your life.
How Is the Amount Decided?
There’s no cap or set formula. Instead, courts look at the totality of the relationship—its closeness, depth, and importance—and assess the award based on:
- Frequency and quality of contact
Did you live together? Speak every day? Attend events or holidays regularly? - Support and care
Did the deceased provide emotional guidance, childcare, or assistance in daily life? - Impact of the loss
Have you experienced depression, anxiety, or major lifestyle disruption?
Courts also look at past case law, but post-Moore v. 7595611 Canada Corp. (2021 ONCA 459), there is greater flexibility, especially with jury awards. Moore reaffirmed that large jury awards (e.g., $250,000 per parent) are not “capped” and will only be overturned if they shock the conscience of the court.
Real Ranges (2025 Adjusted)
| Relationship | Typical Award Range |
| Parent for child | $150,000–$170,000 |
| Spouse for spouse | $80,000–$130,000 |
| Child for parent | $50,000–$90,000 |
| Sibling / grandchild | $20,000–$50,000 |
⚖️ Note: Judge-alone decisions tend to be more conservative than jury awards. In Zarei v. Islamic Republic of Iran, the judge awarded $200,000 per claimant, stating that was appropriate for a judge-determined case given the evidence.
How You Can Strengthen Your Claim
You are in the best position to help us illustrate the relationship. Courts and insurers need to see the emotional and personal bond—not just hear about it in broad terms.
Evidence that can help includes:
- Photos and videos of shared holidays, caregiving, milestones
- Text messages and emails showing regular communication and closeness
- Letters, journals, or cards that reflect emotional intimacy
- Witness statements from friends or relatives confirming the relationship
📌 In one case, our client provided dozens of love letters written by her late husband over the course of their marriage. The letters were so heartfelt and personal that the insurer promptly offered full compensation—no trial needed.
Why Legal Guidance Matters
Insurers often try to minimize emotional loss. At Auger Hollingsworth Accident & Injury Lawyers, we help you present the full story—through evidence, writing, and legal advocacy. Our goal is to help the court understand exactly who your loved one was to you, and why their loss deserves meaningful compensation.
Speak to a Fatal Injury Lawyer Today
If you’ve lost a loved one in a car accident, fall, or other fatal incident in Ontario, don’t let insurers minimize your loss. Contact Auger Hollingsworth today for a free consultation. We’ll help you seek the justice and recognition your family deserves.
