Suing for Wrongful Death in Ontario

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Suing for Wrongful Death in Ontario
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• When a spouse or family member dies because of
  someones negligence, you think itd be worth a
  million dollars, but unfortunately Ontarios law
  doesnt work like that. Heres what you need to
  know.
• First, theres pretty much only one reason youre
  reading this blog and I want to tell you how
  sorry I am.
• Wrongful death cases are tricky and often
  frustrating.

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• You see, in Ontario you cant be compensated for
  grief. Between us, I dont know why this is the
  case and I personally think they should.
• Compensation For Wrongful Death
• A wrongful death case falls under the
  jurisdiction of The Family Law Act, and thus you
  are compensated for loss of care, guidance and
  companionship.

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• Imagine a little boy loses his dad. That boy is
  compensated only for those three things. His pain
  and grief, although considerable, do not factor
  into the decision.
• 10-15 years ago, the compensation amounts awarded
  were modest. Today its getting better, but I
  still think these cases are far too undervalued.

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• I dont mean to be so pessimistic (if you read
  this blog, youll know Im a realist) as we have
  seen some progress in the past few years.
• Courts are starting look at the cultural
  background as a family with an understanding that
  cultural norms often influence the amount of loss
  of care, guidance and companionship suffered by
  the survivors throughout their lives.

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• For example, a traditional Chinese family who
  loses a son may be compensated more as a son
  would have looked after his parents well into
  their old age. But still, the amounts are
  woefully inadequate.
• On one level, I understand it. Its impossible to
  put a value on a human life, something we cant
  ask the courts to do.

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• But to go to the opposite extreme -tiny payouts-
  doesnt seem right either.
• Loss Of Income In Wrongful Death Cases
• The bigger issue is dependency.
• If the deceased is the sole income earner, you
  could see quite a loss of income. So there is
  that aspect you can sue for income loss.

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• This is where we see children sue for the loss of
  a parent or grandparent, or a spouse sue for the
  loss of their support.  Having said that, if the
  relationships were estranged, the courts will
  likely award less.
• These types of cases put already stressed
  families under a microscope.  From an emotional
  perspective, theyre tough for everyone involved.

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• In fact, having to defend these kinds of cases
  was a huge reason why I started my own practice.
• Imagine defending a case where the plaintiff is a
  grief-stricken family trying to establish how
  much they loved and needed the deceased, and its
  our job to poke holes in that.
• Dont get me wrong, its much worse to be the
  plaintiff in this situation, but its gut
  wrenching all around.

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• Every lawyer in the industry has worked on or
  read about cases that were so tough. The kind of 
  case where you have a model citizen who is killed
  by, for example, a drunk driver. And from
  personal/professional perspective, how do you
  defend that? If its your job, you have no choice
  and its the reason that today, I work with the
  plaintiffs.

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• Personally, I dont know the difference between
  loss of care, guidance and companionship and
  grief, and I think this is an area where the law
  needs to change.
• Either way, if you have suffered loss of a loved
  one, give me a call. I feel strongly about these
  kinds of cases and have made it a personal
  mission to do everything I can for families like
  yours.
• http//derekwilsonlaw.ca/