Wrongful Death / Accidental Death Lawyer Toronto

Under Part V of Ontario’s Family Law Act, specific surviving family members can bring a claim for losses resulting from the fatal injury or death of a loved one. Eligible claimants include the deceased’s spouse (including qualifying common-law partners), children, grandchildren, parents, grandparents, and siblings. Additionally, the deceased person’s estate may pursue a separate action for certain losses under Ontario’s Trustee Act.

Depending on the circumstances, eligible family members and the estate may be able to recover compensation across several categories under the Family Law Act and Trustee Act:

1. Loss of Guidance, Care, and Companionship: Non-pecuniary compensation for the emotional and relational loss suffered by close family members.
2. Loss of Financial Support (Dependency): Compensation for dependents (such as a spouse or children) who relied on the deceased’s income for ongoing living expenses.
3. Loss of Household and Caretaking Services: The economic value of household tasks, maintenance, childcare, or caregiving the deceased would have provided over their lifetime.
4. Out-of-Pocket Expenses & Funeral Costs: Reasonable funeral and burial expenses, travel costs, and medical or care expenses incurred prior to death.

Liability depends on the facts of each case. A wrongful death claim generally requires evidence that another person’s or organization’s negligence caused or contributed to the death. Depending on the circumstances, relevant evidence may include accident reports, witness statements, medical records, expert opinions, and other documentation. Tony Lafazanis works with the appropriate experts to review the available evidence and determine whether legal liability may exist.

Time limits for wrongful death claims in Ontario are strict and vary depending on who is bringing the claim and how the incident occurred:

1. Estate Claims under the Trustee Act: Claims brought by the estate must be commenced within two years from the exact date of death. Unlike standard personal injury claims, discoverability rules do not apply to estate claims.
2. Family Law Act Claims: Family members generally have two years from the date of the accident to commence their claims. For surviving minor children, this limitation clock is generally paused until they reach age 18.
3. Short Statutory Notice Rules: If the fatal accident involved a municipality (such as a city vehicle or road defect), formal written notice must be served within 10 days. If caused by snow or ice on commercial or private property, written notice must be served within 60 days.

Because missing these deadlines can permanently bar your claim, seeking legal advice promptly is essential. Tony Lafazanis can review your case and ensure all key deadlines and notice requirements are met.

In most cases, no. Tony Lafazanis handles most personal injury matters, including wrongful death claims, on a contingency fee basis. This generally means you do not pay legal fees unless compensation is recovered. The fee arrangement, including any applicable costs or disbursements, will be explained during your free consultation so that you understand how the process works before moving forward.