It is always difficult to lose a loved one. It can be devastating, especially when having lost a loved one as a result of a fatal accident.

While no amount of financial compensation can truly make up for such a loss, you can be compensated under Ontario’s Family Law Act, R. S. O. 1990, c F.3. Section 61 of the Family Law Act provides that compensation is available to the  spouse, including common-law spouse, children, grandchildren, parents, grandparents, brothers, and sisters of the deceased person. In order to make a claim for compensation, you do not have to show that you were financially dependent on the deceased. Damages are however not awarded for grief, sorrow, or mental anguish that is derived from the death of a family member.

What compensation can a family member claim in a fatal accident claim?

• Loss of care, guidance and companionship that the deceased person would have provided to their family
• Loss of financial contribution that the person would have made to support their family
• Loss of family work, household services and chores that the person would have done to support their family
• Funeral and burial expenses
• Out-of-pocket expenses reasonably incurred for the benefit of the deceased
• Loss of income that family members suffer as a result of the death

It is important to note that the estate of the deceased person does not have a right of claim for losses suffered under the Family Law Act. However, the estate can make a claim for the deceased’s losses which occurred before death. This means that the estate can make a claim for the pain and suffering endured by the deceased person between the time when they sustained the injuries in the accident and when they eventually succumbed to these injuries.

How much compensation can one get in a fatal accident claim?

Courts in Ontario award a range of damages for the family’s loss of care, guidance and companionship under the Family Law Act. Depending on the age of the deceased and level of support provided by the deceased, children of the deceased can receive between $25,000 and $50,000, whereas grandchildren can be awarded between $5,000 and $20,000.

Until very recently, what has been considered the high end of the range in Ontario was laid out in the case of Fiddler v. Chiavetti,  In 2010, the Ontario Court of Appeal reduced a $200,000 award to $125,000 for a mother who lost her daughter in a car accident. The Court of Appeal noted that the $125,000 award was not a hard limit and could be adjusted in future cases to account for inflation. In today’s dollars, the award would be $170,000.

Ten years later, the Ontario Court of Appeal revisited this figure in the case of Moore v. 7595611 Canada Corp. and upheld the jury award of $250,000 for the loss of care, guidance, and companionship to each of the deceased’s parents. It should be noted, however, that the facts in Moore were especially tragic. While Moore has set a new “high water mark” for damages for loss of care, guidance, and companionship in Ontario, very few cases with have such tragic facts as to warrant a similar award.

Loss of Care, Guidance and Companionship 

Given the intangible value of family relationships, the amount of these awards is difficult to pinpoint with certainty. The loss of care, guidance, and companionship is a non-pecuniary loss that is valued based on the relationship you have had with the deceased person. As a result, the courts assess each claim on an individual basis. They consider the unique circumstances surrounding the claimant and their relationship with the deceased person. The courts have taken the following factors into consideration in the past:

• the age, mental and physical condition of the person making the claim;
• whether the deceased lived with the claimant and if not, the frequency of family visits;
• whether the person making the claim is emotionally self-sufficient; and
• the joint life expectancy of the claimant and the deceased.

If you have lost a loved one in a fatal accident, contact  Burn Tucker Lachaîne to schedule a free consultation. You can text us at 613-777-0992 or call us at 613-706-0808.

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