In London, Ontario, if the at-fault party is convicted of a criminal offence (like impaired driving causing death), it makes winning your civil wrongful death lawsuit significantly easier. You can use the conviction as proof of negligence at the Superior Court of Justice. To start the civil claim, the court filing fee is generally $359 CAD as of April 2026.
Losing a loved one because of someone else’s reckless or criminal behaviour is an absolutely devastating experience. When an individual’s actions lead to a fatality, they may face dual consequences: a criminal prosecution by the government and a civil lawsuit filed by the grieving family. Many people in London, Ontario, wonder if they have to wait for the criminal trial to end, or how a guilty verdict impacts their fight for fair compensation.
A criminal conviction essentially lays the groundwork for your civil case. 🔍 In Canada, the criminal justice system punishes the offender for breaking the law, but it does not adequately compensate the family for their lost income, funeral expenses, or loss of care and companionship. To recover these damages, you must file a civil claim under the Ontario Family Law Act. Speaking with a local law firm early on ensures your rights are protected while the police conduct their investigation.
Step-by-Step Process in London, Ontario
Navigating the intersection of criminal law and civil litigation can feel overwhelming. Whether the incident occurred near the bustling intersection of Richmond and Oxford or on a quiet residential street in Byron, your civil case will generally proceed through the Superior Court of Justice located at 80 Dundas Street in London.
Step 1: Understanding the Burden of Proof
The standard of proof is very different in these two court systems. 📊 In a criminal court, the Crown Prosecutor must prove the accused is guilty “beyond a reasonable doubt.” However, in your civil lawsuit, your lawyer only needs to prove the defendant’s liability on a “balance of probabilities” (meaning it is more than 50% likely they are at fault). Because the criminal standard is so much higher, a criminal conviction automatically satisfies the lower civil standard.
Step 2: Tracking the Criminal Proceedings
While the London Police Service investigates and the Crown Attorney prosecutes the case, your family lawyer will closely monitor the situation. If the defendant is convicted of an indictable offence or a summary conviction related to the death, your legal team will request the official Certificate of Conviction. This document is a golden ticket in a civil court, as it prevents the defendant from arguing they were not responsible for the accident.
Step 3: Filing the Statement of Claim
You do not necessarily have to wait for the criminal trial to finish before starting your civil action. 📄 Under Ontario law, families generally have two years from the date of the tragic event to formally file a Statement of Claim. Your lawyer will likely file the paperwork at the London courthouse to protect this strict legal deadline, even if the civil case is temporarily paused (stayed) while the criminal trial plays out.
Step 4: Proving Family Law Act Damages
Once liability is established via the criminal conviction, the focus of your civil lawsuit shifts entirely to calculating damages. Spouses, children, grandchildren, parents, and siblings can claim compensation. You will need to provide evidence of financial losses, such as the deceased’s past tax returns, pay stubs, and receipts for funeral and counselling costs. A forensic accountant is often hired to calculate future lost income.
How Much Does it Cost in London?
Most families worry about the financial burden of hiring a law firm. 💵 Fortunately, the standard practice in London is for wrongful death lawyers to work on a contingency fee basis. Here are the expected costs for a civil claim in 2026.
| Expense Type | Estimated Cost (CAD) | Description |
|---|---|---|
| Court Filing Fee | $359 | Provincial fee to issue a Statement of Claim at the Superior Court of Justice. |
| Lawyer Contingency Fee | 25% – 33% | The law firm takes a percentage of the final settlement. You pay nothing upfront. |
| Certificate of Conviction | $20 – $50 | Administrative fee to obtain official criminal court records in Ontario. |
| Expert Witness Reports | $2,000 – $5,000+ | Costs for accountants or medical experts (usually covered upfront by the law firm). |
How Long Does the Process Take?
Patience is essential when parallel legal processes are occurring. 🕐 A criminal trial in London can take anywhere from 1 to 3 years to conclude, depending on the severity of the charges and court backlogs. Once the conviction is secured, a civil settlement can often be reached quite rapidly, sometimes within 6 to 12 months. However, if the insurance company fights the calculation of your financial damages, the civil lawsuit could drag on for an additional 2 years before reaching a trial.
Frequently Asked Questions (FAQ)
What happens to my civil claim if the driver is acquitted?
An acquittal in criminal court does not mean you lose your civil case. Because civil courts use the lower “balance of probabilities” standard, it is entirely possible to win a wrongful death lawsuit even if the criminal court found the defendant not guilty.
Do we sue the criminal personally or their insurance?
In most motor vehicle or property-related fatalities, you name the at-fault individual in the lawsuit, but their insurance company actually pays the settlement. However, if the death resulted from an intentional assault without insurance coverage, recovering the funds can be much more difficult.
Can I claim spousal support in a wrongful death lawsuit?
You do not claim “spousal support” in the traditional family law sense. Instead, surviving spouses make a “loss of dependency” claim. This compensates the widow or widower for the financial support the deceased would have provided had they lived.
Does the offender’s jail sentence reduce civil damages?
No. A criminal penalty (like jail time or fines paid to the government) has absolutely no bearing on the amount of civil compensation you are entitled to receive for your grief, loss of income, and out-of-pocket expenses.
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