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A wrongful death lawyer in Toronto represents the surviving family members and the estate of a person who has died due to another party's negligence or wrongful conduct. Under Ontario's Family Law Act (R.S.O. 1990, c. F.3), qualifying family members — including spouses, children, parents, and siblings — can claim compensation for loss of financial support, loss of care, guidance and companionship, and funeral expenses. The estate may also bring a claim for damages the deceased would have been entitled to, including pain and suffering experienced before death.

By Olga Kanevsky, LL.B, LL.M — Principal Lawyer, Kanevsky Law Office. Licensed by the Law Society of Ontario(Member #51731A) since 2001. Contact us at ((416)) 252-9937or Send Email.

Common Causes of Wrongful Death

Car Accidents

Fatal collisions from negligent driving

Medical Malpractice

Fatal errors in medical care

Workplace Accidents

Fatal industrial and construction accidents

Product Defects

Deaths from dangerous products

Nursing Home Neglect

Fatalities from inadequate care

Premises Liability

Fatal falls and property dangers

Understanding Wrongful Death Claims in Ontario

Who Can File a Wrongful Death Claim

Ontario law allows two types of claims after a wrongful death. The estate can sue for damages the deceased could have claimed if they survived. Additionally, under the Family Law Act, qualifying family members can bring dependency claims for their own losses.

  • Spouses (including common-law partners)
  • Children and grandchildren
  • Parents and grandparents
  • Siblings of the deceased

Compensation Available to Families

Wrongful death claims can provide significant compensation to help families cope with their devastating loss:

  • Loss of financial support (dependency claims based on deceased's income)
  • Loss of care, guidance, and companionship
  • Funeral and burial expenses
  • Pain and suffering the deceased experienced before death
  • Lost earnings the deceased would have made over their lifetime
  • Estate administration costs

Proving a Wrongful Death Claim

We must establish that the defendant owed a duty of care to the deceased, breached that duty through negligence or wrongful conduct, and that this breach caused the death. We then document the financial and emotional losses suffered by surviving family members to secure maximum compensation.

How Insurers Minimize Wrongful Death Settlements

At the most difficult time in a family's life, insurance companies still prioritize their bottom line. Common defence strategies in wrongful death claims include:

  • Disputing liability entirely — arguing the deceased was partially or fully at fault for the accident to reduce the payout under Ontario's contributory negligence rules
  • Undervaluing the deceased's future earnings by using conservative income projections, ignoring career advancement potential, or disputing employment stability
  • Minimizing Family Law Act claims by arguing that the family's dependency on the deceased was limited, or that surviving family members can become self-sufficient
  • Offering early lump-sum settlements before the full financial impact on the family is understood — particularly targeting families in immediate financial distress
  • Challenging the cause of death by hiring their own medical experts to attribute the death to pre-existing health conditions rather than the accident

Our Compassionate Approach

We understand this is an incredibly difficult time. Our lawyers provide patient, sensitive representation — we handle all legal matters so you can focus on grieving and healing. We communicate regularly, respect your timeline, and never pressure you to make decisions before you're ready.

How We Handle Your Case

1

Free Consultation

We review your case details, assess your injuries, and explain your legal options at no cost.

2

Investigation

We gather evidence, medical records, and expert opinions to build the strongest possible case.

3

Negotiation

We handle all communication with insurance companies and negotiate aggressively for fair compensation.

4

Resolution

Most cases settle, but we're fully prepared to take your case to trial if insurers won't pay fairly.

Wrongful Death FAQs

Olga Kanevsky, LL.B, LL.M — Personal Injury Lawyer Toronto

About the Author

Olga Kanevsky, LL.B, LL.M

Olga Kanevsky is the principal lawyer at Kanevsky Law Office, specializing exclusively in personal injury law. With over 20 years of experience handling accident claims across the GTA, she has been licensed by the Law Society of Ontario(Member #51731A) since 2001. She serves clients in English, Russian, and Ukrainian.

LSO Member #51731ACBA MemberOBA Member

Lost a Loved One to Negligence? We're Here to Help

Let us handle the legal fight while you focus on your family. Contact our Toronto wrongful death lawyers for a free, compassionate consultation. We'll pursue every avenue of justice for your family.

Email: Send Email | Phone: ((416)) 252-9937 | 4580 Dufferin St, Suite 309, North York, ON

Page last reviewed and updated: May 22, 2026 by Olga Kanevsky, LL.B, LL.M

Also serving Peel Region, York Region and Durham Region.

Frequently Asked Questions

Quick answers to common questions. Need more help? Free consultation · (416) 252-9937

Who can file a wrongful death claim in Ontario?
Under Ontario's Family Law Act, the spouse, children, grandchildren, parents, grandparents, and siblings of the deceased can claim. Each family member's individual loss is assessed separately.
What can a wrongful death family recover?
Funeral and burial expenses, loss of guidance, care and companionship (FLA damages), loss of household services, and loss of income support. Settlements vary widely based on the deceased's age, earnings and dependants.
How long do I have to file a wrongful death claim?
2 years from the date of death. For municipality claims, 10-day written notice is required. We handle the entire process so the family can grieve.
Will a wrongful death case go to trial?
Most settle, often within 18 months. Trials happen only when insurers refuse a fair offer. We prepare every case as if it will go to trial — which is precisely why most don't.

Trusted Resources & Related Pages

For authoritative guidance on your rights in Ontario, consult the official resources below. We've also linked our most-relevant related pages.