It is trite to say that no amount of money will ever compensate a parent for the loss of a child.  But when a parent loses a child because of someone else’s fault, a lawsuit may be the only option to receive compensation.  Compensation can provide the grieving parent with some closure and a sense of vindication.

Damages to parents are awarded pursuant to Ontario’s Family Law Act.  Parents can claim money for these 5 types of damages:

(a) expenses incurred for the benefit of the person killed;

(b) funeral expenses;

(c) travel expenses actually incurred in visiting the person during their treatment;

(d) an allowance for loss of income or the value of the nursing, housekeeping and other services provided by the parent; and

(e) an amount to compensate for the loss of guidance, care and companionship that the parent might reasonably have expected to receive from their child if the death had not occurred.

The 4 first types of damages must be proven with invoices, receipts, pay stubs and details of the nursing and housekeeping services provided.

The last type of damages is non-pecuniary damages.  These are damages for non-monetary losses suffered by the parent. They include the loss of guidance, care and companionship that the parent would have expected to receive from their child in the future.

Up until very recently, the high mark for the non-pecuniary damages of a parent was approximately $150,000.00 (adjusted for inflation).  The amount of $100,000 was awarded in 2001 in the To v. Toronto Board of Education case. In To, a 14-year-old boy died in 1992 when a steel crossbar net toppled over and crushed his head in his school’s gymnasium. The Ontario Court of Appeal wrote that the award for the parents might be viewed as being at the high end of an accepted range of damages, but it was not outside this accepted range.  There was evidence of an extremely close relationship between the deceased and his parents.

In Ontario, the courts never set a cap for guidance, care and companionship damages for parents.

In June 2021, the Court of Appeal raised the mark to $250,000 for a parent’s non-monetary loss. In Moore v. 7595611 Canada Corp., a young adult died from severe injuries suffered in a house fire. A few days after the fire, the parents had to make the excruciating decision of removing their child from life support.

In Moore, the Court of Appeal concluded that the award of $250,000 awarded by the jury was high, but it was not an amount that “shocked the conscience of the court”, nor was it “so inordinately high” that it was “wholly erroneous” in nature.  These are the criteria required for the Court of Appeal to interfere with a jury’s assessment of non-pecuniary damages.  In discussing the parents’ loss, the Court of Appeal wrote: “The November 20, 2013 fire destroyed all hope of the society, comfort, and protection that Alisha would give to her parents. The respondents never got to experience these rewards of association past Alisha’s 24th year. The fire eradicated their future together, ripping parenthood apart, the family away, and leaving both respondents childless.”

It is refreshing to know that claims of parents who have lost a child are being heard and recognized.  Again, no amount of money can replace a child. But a valid and full recognition of this tremendous loss for parents is a step in the right direction.

If you have lost a child because of someone else’s fault, do not hesitate to contact one of the lawyers at Burn Tucker Lachaîne PC. We offer entirely free initial consultations. Nous offrons des services en français.

Enjoy this article? Don't forget to share.

Vous avez aimé cet article? N'oublie pas de partager.