A wrongful death claim in Ontario arises when a person’s death is caused by the negligent or reckless actions of another party, such as in a car accident.
- Wrongful Death
- Wrongful Death Accidents on the Rise in Ontario
After decades of steady declines, Canada is witnessing a disturbing reversal in road safety trends. Fatal car accidents – often resulting in wrongful deaths – have been on the rise since 2022 across Ontario and many other provinces.
Ontario Wrongful Death Accidents Trending Upwards
Ontario’s Surge in Fatal Car Accidents Ontario has experienced a surge in fatal car accidents since 2022, making recent years the deadliest on the province’s roads in over a decade.
In 2021, Ontario saw 530 fatal collisions, resulting in 592 people killed – including 375 drivers, 95 passengers, and 92 pedestrians. This was already an increase from the pandemic start year of 2020, which in itself marked a worrisome rise.
But 2022 proved even worse: fatal collisions were up nearly 24% compared to the same period in 2021.
By year-end 2022, there were 359 motor vehicle fatalities on OPP-patrolled roads, a jump from 315 the year before.
Tragically, 2023 only continued the escalation with 411 people killed, making it the first time in 15 years that annual traffic deaths exceeded 400.
This deadly toll reflects a roughly 14% increase in fatalities from 2022 to 2023 alone. The consequences have been far-reaching—drivers, passengers, pedestrians, motorcyclists, and entire families have been swept into these tragedies. For every life lost, many more people are impacted – loved ones left grieving and injured survivors whose lives are forever changed.
Why Have Fatal Accidents Surged?
The recent surge in fatal motor vehicle crashes across Ontario can be traced to a disturbing rise in dangerous and preventable driving behaviours.
At the forefront are four recurring causes: speeding, impaired driving, distracted driving, and seatbelt non-compliance — each of which transforms everyday collisions into fatal, wrongful death accidents.
Speeding: Speeding remains one of the most lethal behaviours on Ontario roads. When drivers exceed posted limits or drive too fast for road conditions, the margin for error disappears. High speeds not only increase the likelihood of a collision but also significantly raise the risk of death when one occurs. These habits became more common during pandemic lockdowns, when emptier roads encouraged aggressive driving. Despite traffic volumes returning to normal, many drivers have failed to adjust. National data now show that approximately one-quarter of fatal crashes involve speed as a factor.
Impaired drivin: Impaired driving involving alcohol, cannabis, or other substances, is another leading cause of fatal accidents. The presence of drugs or alcohol severely impairs judgment and reaction time, often with catastrophic consequences. After years of progress in reducing impaired driving fatalities, recent years have seen a reversal — with deaths increasing once again. This may be due to pandemic-related stressors, increased alcohol consumption, and the societal adjustments following cannabis legalization.
Distracted driving: Distracted driving also plays a central role in the rising fatality numbers. Distractions can include texting, using a phone, eating, or anything else that diverts attention from the road. Even with laws prohibiting handheld device use, many drivers continue to engage in risky behaviour. The statistics are alarming — Ontario recorded a 79% year-over-year increase in fatal collisions caused by distraction. Roughly one in every five road deaths is now linked to driver distraction.
Seatbelt non-compliance: Not wearing a setbelt continues to claim lives. Despite clear evidence that seatbelts dramatically improve survival rates, a significant number of motorists still fail to buckle up. In 2022, 61 individuals killed in motor vehicle collisions were not wearing seatbelts — up from 47 the year before. Tragically, in many of those cases, proper restraint might have made the difference between life and death. The problem persisted into 2023, with nearly one-third of all drivers killed in crashes found to be unbelted.
Other forms of negligent or aggressive driving have also contributed to the surge in fatalities, such as tailgating, unsafe passing, red-light running, left-turns and road rage are all increasingly common.
Motorcycle and off-road vehicle deaths have risen as well — frequently involving excessive speed or loss of control. In 2022 alone, 44 motorcyclists died on Ontario roads, up from 35 the previous year. Pedestrians have also been at increased risk, with dozens struck and killed by out-of-control vehicles. Some fatal crashes involve multiple contributing factors — such as a driver who is speeding, impaired, and not wearing a seatbelt — compounding the danger.
Commercial truck collisions remain a concern as well, especially on high-speed routes. These incidents often involve significant force and result in multiple casualties or catastrophic injuries.
The pandemic has played an indirect role in shaping these behaviours. During 2020 and 2021, with traffic volumes significantly reduced due to lockdowns, many drivers developed habits of excessive speeding and aggressive manoeuvres. As traffic rebounded in 2022, these unsafe behaviours persisted. Experts have noted that Canada had not seen road fatalities rise two years in a row in three decades — until the consecutive increases in 2021 and 2022. The post-pandemic return to pre-COVID traffic levels seems to have caught many drivers off-guard, contributing to poor judgment on the roads.
Ontario, in particular, has seen a sharp spike in extreme speeding and street racing incidents. The introduction of stricter penalties under the Moving Ontarians More Safely (MOMS) Act in 2021 has not stemmed the tide. In just a two-month window in 2022, law enforcement in the Greater Toronto Area laid over 400 stunt driving charges — underscoring the persistence of high-risk behaviour despite legislative crackdowns.
A broader cultural issue may also be at play. In a recent study, 98% of Ontario drivers admitted to witnessing unsafe driving behaviours in the previous year. Many reported feeling unsafe while driving on highways, pointing to a widespread decline in road civility and caution.
Ultimately, the rise in wrongful death car accidents is not random — it stems from human behaviour. Fatalities now span every type of road user: drivers making reckless choices, passengers caught in preventable collisions, pedestrians and cyclists struck by dangerous vehicles, and families left mourning loved ones due to another’s negligence. Ontario’s long-standing progress in road safety is being undone by poor driver choices. The resurgence of preventable deaths serves as a tragic reminder that safety behind the wheel is a collective responsibility — and that the cost of negligence is far too often a life lost.
Wrongful Death Crashes in Canada since 2022
Ontario’s experience has been part of a broader national pattern. In 2022, Canada recorded 1,931 motor vehicle fatalities, a 6% increase from the previous year. Serious injuries rose 8%, and total reported injuries increased nearly 10%. This marked a reversal in Canada’s long-term downward trend in road casualties.
Two thousand twnety-two was the first significant national increase in fatalities after years of decline. Road deaths in 2020 and 2021 were unusually low due to lockdowns. As traffic rebounded in 2022, fatalities jumped. The 6% year-over-year increase was one of the largest in two decades. In 2023, fatalities increased again to 1,964 deaths – the highest annual total in 10 years.
Most provinces have shared in this rise. Manitoba saw a 22% increase in road deaths in 2023 – its highest toll in a decade. British Columbia had more than 300 deaths, a 3% rise. Alberta’s major cities also reported sharp increases. Ontario, as discussed, saw fatalities rise 10% in 2023. New Brunswick now has one of the highest per-capita fatality rates. Meanwhile, some provinces saw modest improvements. Quebec, Nova Scotia, and Saskatchewan reported slight declines in 2023, showing that safety measures can still be effective.
Urban centers have generally fared better. Cities like Toronto and Ottawa reported fewer traffic deaths in 2023, likely due to Vision Zero strategies, safer infrastructure, and focused enforcement. Major cities tend to have lower per-capita road death rates, around 0.8 per 100,000 people. In contrast, rural areas remain far more dangerous. Although rural roads see only 26% of collisions, they account for 53% of fatalities. High speeds, limited infrastructure, and lower seatbelt use contribute to rural crash lethality.
Overall, the period since 2022 has seen a troubling national trend. More speeding, more impaired and distracted driving, and inconsistent safety measures have led to a sustained increase in fatalities. Canada’s vision of having the safest roads in the world has been challenged. Policymakers, law enforcement, and public safety agencies are now working to reverse this trend and reduce the human toll.
Impact on Victims and Injured Survivors Each statistic in this report represents a real person. As wrongful death car accidents have increased, so has the number of grieving families and injured survivors. In Ontario alone, the rise from 530 deaths in 2020 to over 600 in 2022 represents dozens of additional families devastated by violent, preventable loss.
Victims include drivers, passengers, pedestrians, cyclists, motorcyclists, and bystanders. In some cases, high-speed crashes have claimed multiple lives from a single family. Each wrongful death creates a ripple effect of trauma – children growing up without parents, parents burying children, and communities losing valued members.
For every person killed, many more are seriously injured. Over 118,000 Canadians were injured in car crashes in 2022, including nearly 9,000 with life-altering injuries. Victims often face years of rehabilitation or require lifelong care. Many suffer permanent disabilities such as brain injuries, paralysis, or amputations.
Certain road users remain especially vulnerable. Pedestrians and cyclists have little protection in a collision and are often severely injured or killed. Larger vehicles, such as SUVs and pickup trucks, can cause more serious injuries in urban settings. Motorcyclists continue to be overrepresented in fatality statistics. Older adults are also at increased risk due to physical frailty.
Has an Accident Taken your Loved One?
When a sudden accident takes the life of someone you love, the emotional shock is often paralyzing. In the span of a moment, your world is turned upside down — replaced with grief, confusion, and the impossible task of figuring out how to move forward without them. For many families, the pain is compounded by unanswered questions and a growing sense of injustice, especially when the death was caused by someone else’s negligence. While no legal action can ever bring your loved one back, pursuing a wrongful death claim can offer some measure of accountability — and provide your family with the financial support needed to begin the long and difficult process of healing.
At Lalande Personal Injury Lawyers, our Hamilton wrongful death lawyers understand that this is not just a legal case — it’s your life. That’s why we approach every wrongful death claim with care, compassion, and unwavering dedication. We’re here to stand beside you, to explain your rights, and to help ensure that the person or entity responsible is held accountable under the law. In the sections that follow, we will explain how wrongful death compensation works in Canada, how courts assess damages, and what steps you can take to begin the legal process.
But before anything else — it starts with choosing the right lawyer.
Finding the Right Wrongful Death Lawyer
Choosing the right wrongful death lawyer is one of the most important decisions a grieving family can make. In the days and weeks following a fatal accident, emotions run high — and the legal path ahead may feel overwhelming. The lawyer you choose should not only have deep experience with wrongful death claims but should also be someone you trust to guide your family through the most difficult time in your life.
For many families, the search begins with a recommendation from someone they trust — a friend, a colleague, or a healthcare professional who has walked this path before. Others turn to online research, reading through Google reviews to understand how past clients were treated. In many cases, people are looking for more than just legal expertise; they’re looking for compassion, responsiveness, and someone who genuinely listens.
In wrongful death claims, it’s not enough for a lawyer to understand the law — they must also understand you. Every case is different, and every family’s grief is personal. Hamilton wrongful death lawyer Matt Lalande will take the time to explain your rights, walk you through each step of the legal process, and ensure that your case is pursued with dignity and care.
Most importantly, choose a lawyer you feel comfortable with. Likability may seem secondary, but in reality, it’s vital — wrongful death claims often span months or years, and you’ll want a lawyer who treats your family with respect, patience, and empathy throughout the entire process. Trust your instincts. If a lawyer makes you feel heard and supported during your first meeting, they’re more likely to be the right fit for your journey ahead.
Understanding Wrongful Death Compensation in Canada
The ultimate goal of a wrongful death lawsuit is to seek financial compensation for the family’s loss. While no amount of money can replace a loved one, the financial relief can help ease the burden and cover the various costs associated with the death and support of the family into the future.
Compensation is typically awarded in two primary categories:
Economic Damages
In Ontario, eligible family members (spouse, children, grandchildren, parents, grandparents, and siblings) can claim pecuniary damages (economic damages) —that is, measurable financial losses—as part of a wrongful death action. These damages are awarded based on the actual and reasonably foreseeable financial impact of the deceased’s death, and Ontario courts regularly rely on economic experts to quantify losses such as:
- Loss of financial support
- Loss of household and caregiving services
- Funeral and burial expenses
- Future child care or education costs
- Medical Costs
- Loss of Income
- Out-of-pocket medical or travel expenses
Non-Economic Damages
Non-Economic Damages are awarded for the loss of care, guidance, and companionship that the deceased would have provided had the death not occurred. Unlike economic damages, this category of compensation is non-pecuniary, meaning it does not have a direct dollar value and must instead be evaluated based on a wide range of human and relational factors. Courts aim to assess the emotional and relational loss suffered by surviving family members and assign a reasonable monetary value for that loss.
I was referred to Lalande Lawyers by a friend who had previously worked in a professional capacity with Mr. Lalande. He came highly recommended. It took me about a year to reach out since I was so overwwhelmed emotionally after my loss. I am so happy that I did. With 2 young children, I don’t know what I would have done without his help. Thank you from the bottom of my heart – Gayle.
How do Courts Assess Non-Economic Compensation in a Wrongful Death Case?
Ontario courts consider several key factors when determining an appropriate amount for loss of care, guidance, and companionship:
1. Nature and Strength of the Relationship
The closeness and quality of the relationship between the deceased and the claimant is perhaps the most significant factor. Courts will examine:
- Whether the parties lived together or saw each other frequently
- The emotional bond and level of interdependence
- Whether the deceased was a caregiver, mentor, or source of emotional support
- The degree to which the claimant relied on the deceased for guidance or nurturing
A spouse or dependent child will often be awarded a higher amount than a distant relative or estranged family member.
2. Age and Dependency of the Claimant
The younger or more vulnerable the claimant, the more significant the loss is likely to be:
- Young children who lose a parent may be entitled to higher awards due to the long-term loss of parental guidance and nurturing.
- Elderly parents who relied on their adult child for care and companionship may also be eligible for higher awards.
Courts recognize that children, in particular, suffer not just an emotional loss but the lifelong absence of parental influence and direction.
3. Role Played by the Deceased in the Family Unit
The specific contributions of the deceased—emotional, parental, advisory, or otherwise—are weighed heavily:
- Was the deceased the primary caregiver, disciplinarian, or mentor?
- Did the deceased offer spiritual, cultural, or practical guidance (e.g., in education or career)?
- Did the deceased contribute to the emotional stability or cohesion of the family?
The greater the personal involvement and daily presence, the more substantial the award tends to be.
4. Frequency and Nature of Contact
Courts consider how often the parties saw or communicated with each other:
- Regular, meaningful contact supports a higher claim
- Estranged or minimal contact may significantly reduce the award
In some cases, even extended family members may receive compensation if the relationship was exceptionally close.
5. Duration of the Relationship and Life Expectancy
The likely duration of the relationship had the deceased lived is also taken into account. For example:
- A child who loses a parent at a young age loses decades of future guidance and support
- A parent who loses a young child may be compensated for the lost companionship throughout their lifetime
Courts often use life expectancy tables to estimate how long the relationship would have lasted.
6. Presence of Aggravating Factors
The nature of the wrongful act may influence the award. Higher awards are more likely where:
- The defendant’s conduct was particularly egregious (e.g., impaired driving, street racing)
- The death was violent or traumatic, causing additional psychological impact
- The family witnesses the incident or its immediate aftermath
In such cases, courts may view the loss as more profound and deserving of greater compensation.
The insurance company will typically offer a settlement, but it’s essential to ensure that the amount fairly compensates the family for both economic and non-economic damages
How Long do I have to File a Wrongful Death Claim?
As Hamilton wrongful death lawyers, we cannot stress enough how important it is to act immediately. Delaying the process could mean that your family loses the opportunity to hold the responsible party accountable and secure the financial support needed to cope with the tragedy. The following are a list of limitations periods for filing a wrongful death claim in each Canadian Province:
| Province/Territory | Limitation Period | Authority |
|---|---|---|
| Ontario | 2 years | Limitations Act, 2002 – s. 4; applies under Family Law Act |
| British Columbia | 2 years | Limitation Act, SBC 2012, c. 13 – fatal injury claims |
| Alberta | 2 years | Limitations Act, RSA 2000, c. L-12 – Fatal Accidents Act |
| Saskatchewan | 2 years | The Limitations Act, SS 2004, c. L-16.1 – discoverability may apply |
| Manitoba | 2 years | Fatal Accidents Act, CCSM c. F50 – see s. 16 |
| Québec | 3 years | Civil Code of Québec, art. 2925 – extra-contractual liability |
| New Brunswick | 2 years | Fatal Accidents Act, RSNB 1973, c. F-7 – via Limitations of Actions Act |
| Nova Scotia | 1 year | Fatal Injuries Act, RSNS 1989, c. 163 – very short period |
| Prince Edward Island | 2 years | Statute of Limitations, RSPEI 1988, c. S-7 – general torts |
| Newfoundland & Labrador | 2 years | Fatal Accidents Act, RSNL 1990, c. F-6 – see Limitations Act, SNL 1995 |
| Northwest Territories | 2 years | Fatal Accidents Act, RSNWT 1988, c. F-3 – follows Limitations Act |
| Yukon | 2 years | Fatal Accidents Act, RSY 2002, c. 86 – see Limitation of Actions Act |
| Nunavut | 2 years | Fatal Accidents Act, RSNWT (Nu) 1988, c. F-3 – mirrored from NWT |
Seeking Justice for Your Loved One’s Wrongful Death Death
Losing a loved one in a car crash is an incredibly overwhelming experience, and the path to justice can feel like a daunting challenge. However, a wrongful death lawsuit can provide the financial support needed to manage funeral expenses, child care, and the emotional pain that follows such a tragedy. More importantly, it holds the responsible party accountable for their actions, ensuring that they face consequences for their negligence.
If you’ve lost someone in a motor vehicle accident, it’s important to consult with a Hamilton wrongful death lawyer who can guide you through the legal process. At Lalande Personal Injury Lawyers, we are committed to helping families like yours seek the compensation they deserve.
Call us today at 905-333-8888, or fill out our confidential online form, and our wrongful death team will get back to you promptly to arrange a free, no-obligation consultation to explain your legal rights and options.
Article FAQ
Who can file a wrongful death lawsuit in Ontario?
Family members like spouses, children, and parents of the deceased person may file a wrongful death lawsuit under the Family Law Act in Ontario.
How long do I have to file a wrongful death claim in Ontario?
In Ontario, the limitation period to file a wrongful death lawsuit is typically two years from the date of the deceased person’s death.
What compensation can I receive in a wrongful death case?
Compensation can include funeral expenses, loss of income, child care, and non-economic damages like emotional pain and suffering.
How does the legal process work in a wrongful death case?
The process includes consulting with a lawyer, investigating the accident, filing a lawsuit, and potentially negotiating a settlement or going to trial for justice and compensation.