Generally, when one person’s negligent act directly results in the death of another person, that is considered a wrongful death. Relatives of the deceased person may seek compensation for their financial and relationship losses which result from a wrongful death of their loved one.

Ontario’s Family Law Act provides that the spouse, children, grandchildren, parents, grandparents, brothers and sisters of a person who has died as a result of another person’s negligence, can sue for their out-of-pocket financial losses resulting from that death, such as funeral expenses, reasonable travel expenses and reasonable loss of income for time off work.

They can also make a claim for loss of guidance, care and companionship they reasonably would have enjoyed if the person had not been killed.