If criminal charges for a fatal accident in Brampton are dropped, your family can still pursue a civil wrongful death lawsuit. Criminal courts require proof “beyond a reasonable doubt,” while civil courts only require proof on a “balance of probabilities,” making civil cases easier to win.
When a family loses a loved one due to an impaired driver, a violent altercation, or criminal negligence, they naturally look to the criminal justice system for accountability. It can be devastating to learn that the Crown Attorney has decided to drop the charges, or that a judge or jury acquitted the defendant. Families often feel that the justice system has failed them and that the responsible party has walked away without consequence.
However, a criminal acquittal or withdrawn charge is not the end of the road. In Canada, the criminal and civil justice systems operate entirely independently of one another. You generally have the right to file a civil wrongful death lawsuit at the Superior Court of Justice in Brampton, seeking financial compensation and a formal finding of liability. This guide explains why a civil suit is still viable and how local law firms navigate these emotionally charged cases.
Step-by-Step Process for Suing After Charges are Dropped
To succeed in a civil lawsuit under the Ontario Family Law Act, your lawyer must build an independent case. Because you are no longer relying on the police or the Crown Attorney to secure a conviction, your legal team takes the lead.
Step 1: Understand the Different Standards of Proof
⚖️ To convict someone of a summary conviction or indictable offence, the Crown must prove guilt “beyond a reasonable doubt.” This is an incredibly high bar. In a civil lawsuit, your lawyer only needs to prove liability on a “balance of probabilities.” This means showing it is more than 50% likely that the defendant’s negligence or intentional act caused the death.
Step 2: Obtain the Police Investigation File
Even if the criminal charges were dropped, the evidence gathered by the Peel Regional Police or the OPP is highly valuable. Your law firm will formally request the police reports, witness statements, collision reconstruction reports, and toxicology results to form the foundation of your civil claim.
Step 3: File the Civil Statement of Claim
Your lawyer will draft and file a Statement of Claim at the local Brampton courthouse on Hurontario Street. This document names the defendant and outlines the damages sought by the surviving spouse, children, or parents, including loss of income, loss of companionship, and funeral expenses.
Step 4: Conduct Examinations for Discovery
Unlike a criminal trial where a defendant has the right to remain silent, civil litigation requires the defendant to participate in Examinations for Discovery. Under oath, the defendant must answer your lawyer’s questions about the incident, which can yield critical admissions of fault that the police may have missed.
How Much Does It Cost in Brampton?
Pursuing justice through the civil courts requires financial resources, but the burden rarely falls directly on the grieving family:
- Court Filing Fees: Initiating a civil lawsuit at the Ontario Superior Court of Justice requires a standard filing fee of $238 CAD. Setting the matter down for trial is an additional $866 CAD.
- Investigative Costs: Your law firm may need to hire private accident reconstruction specialists or private investigators to supplement the police evidence. These expert reports can cost anywhere from $2,000 to $10,000 CAD.
- Contingency Agreements: Reputable Brampton wrongful death law firms operate on a contingency basis. They cover the expensive expert and court fees upfront. You only pay a percentage of the final settlement (typically 30% to 33%) if they successfully win your case.
How Long Does the Process Take?
A civil lawsuit operates on its own timeline, separate from the criminal courts.
| Legal Milestone | Ontario Legal Timelines |
|---|---|
| Statute of Limitations | You have a strict 2-year deadline from the date of the death to file a civil lawsuit. Do not wait for the criminal process to conclude before consulting a lawyer, or you may miss this deadline. |
| Information Gathering | Obtaining the full police file and conducting discoveries usually takes 1 to 2 years. |
| Resolution / Civil Trial | A contested wrongful death lawsuit typically takes 2 to 4 years to reach a settlement or final court verdict. |
Frequently Asked Questions (FAQ)
Will a civil lawsuit result in the defendant going to jail?
No. Civil courts do not have the power to impose criminal sentences like jail time or criminal probation. The sole purpose of a civil wrongful death lawsuit is to hold the defendant financially liable and secure compensation for the surviving family.
What if the defendant has no money to pay the civil judgement?
This is a critical consideration. If the death resulted from a motor vehicle accident, the defendant’s auto insurance will generally cover the damages. However, if it was an intentional criminal act (like an assault), insurance policies usually void coverage. Your lawyer will investigate if the defendant has personal assets before proceeding.
Can the defendant’s criminal acquittal be used against me in civil court?
Generally, a criminal acquittal does not prevent you from winning a civil case. Because the civil “balance of probabilities” standard is much lower, judges recognize that a person can be found not guilty criminally but still be found civilly liable for negligence.
Can I sue the Crown Attorney or police for dropping the charges?
Suing the police or Crown prosecutors for their handling of a criminal investigation is exceptionally difficult in Canada. You must prove malicious prosecution or severe institutional negligence, which is a much harder battle than suing the individual who actually caused the death.
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