Who can File a Wrongful Death Claim in Ontario?

In Ontario wrongful death cases, certain family members of victims who died have the right to seek compensation for their losses. The Family Law Act specifically enumerates and defines the family members that can bring an action for the loss of care, guidance and companionship, as well as pecuniary loss resulting from the injury or death. The legislation permits:

• spouses
• children
• grandchildren
• parents
• grandparent and
• siblings to make a claim

A deceased person’s same-sex partner may also be able to make a claim in Ontario.

In Ontario and for the purposes of a wrongful death case, a spouse is defined as two people who are married to each other or who have been living with each other continuously for three years – or if they are the natural or adoptive parent of a child. Dependent kids could also be kids from a previous marriage who are receiving child support paid by the car accident victim.