Wrongful Death Lawyer ยท Family Claims
Wrongful Death Lawyer in Toronto and Across Ontario
When a death was someone else's fault, your family has the right to be heard and to recover real losses. James Moon handles the legal weight so you can focus on your family. Bilingual service in Korean and English.
Questions โ
How a wrongful death lawyer helps your family
A sudden death changes everything. The funeral, the bills, the missing income, the empty chair at the table. None of it should fall on a family that did nothing wrong.
Ontario law gives the deceased's family a way to hold the responsible party accountable and to recover the financial losses that follow the death. It will not bring the person back. It can ease the road ahead.
James Moon is a former insurance-defence lawyer. He has sat at the other side of the table and knows how insurers value and fight these cases. He handles each file personally, in Korean or English, and walks you through every step in plain language.
Questions
Common questions, answered.
General information, not legal advice. Contact James to find out what applies to your situation.
Does Ontario have a wrongful death law?
No. There is no standalone wrongful death statute in Ontario. Family members bring their claim under section 61 of the Family Law Act, sometimes alongside the Insurance Act, Occupiers' Liability Act, or Municipal Act, depending on how the death happened.
Who can file a wrongful death claim in Ontario?
Only the deceased's spouse, children, grandchildren, parents, grandparents, and siblings can claim under section 61. Each person claims their own losses. Both married and qualifying common-law spouses are included.
Is there a limit on damages for the loss of a loved one?
No. There is no cap on loss of guidance, care and companionship. In Moore v. 7595611 Canada Corp., 2021 ONCA 459, the Court of Appeal upheld $250,000 to each parent and confirmed there is no fixed ceiling. Each case is valued on its own facts, not on a fixed scale.
How long do I have to start a claim?
Generally two years from the date of death under the Limitations Act, 2002. But shorter notice deadlines can apply first: 120 days for a motor vehicle death and as little as 10 days for a claim against a municipality. Speak to a lawyer as soon as you can.
What if a child lost a parent?
Under sections 6 and 7 of the Limitations Act, 2002, the two-year clock is paused for a claimant under 18 until they reach the age of majority or a litigation guardian is appointed. That often gives children more time, but evidence fades fast, so it is still best to act early.
Do I need a criminal charge or conviction to sue?
No. A wrongful death claim is a civil case that stands on its own. It uses the balance-of-probabilities standard, which is lower than the criminal standard, so a claim can succeed even without charges or a conviction.
Talk to James.
Tell us what happened, in English or Korean, and we will get back to you shortly.
Call 647 702 9838