A criminal acquittal does not prevent you from winning a civil wrongful death lawsuit in Mississauga. Criminal courts require proof “beyond a reasonable doubt,” whereas civil courts only require proof on a “balance of probabilities,” making it generally easier to win compensation even if the defendant avoids jail time.
When a family member is killed by someone else’s reckless actions-such as an impaired driver, a violent altercation, or extreme criminal negligence-the immediate focus is usually on the criminal justice system. ⚖ Families in Mississauga rightly expect the Crown Prosecutor to secure a conviction. However, it can be absolutely devastating if the defendant is acquitted or the criminal charges are suddenly dropped or reduced.
It is crucial to understand that a “Not Guilty” verdict in a criminal trial is not the end of the road for justice. The Canadian legal system treats criminal punishment and civil compensation as two completely distinct processes. This guide explains how you can successfully sue for wrongful death in Ontario, even if the criminal court failed to deliver a conviction.
Step-by-Step Process to Pursue a Civil Claim After a Criminal Acquittal
Taking a defendant to civil court after they have been acquitted requires a strategic approach. 📈 The processes run parallel, but the rules of evidence and your family’s role are very different.
Step 1: Understand the Two Different Legal Standards
The main reason you can win a civil case after a criminal loss comes down to the “Burden of Proof.” In an Ontario criminal court, the Crown must prove guilt “beyond a reasonable doubt” (roughly 99% certainty). In the Superior Court of Justice for a civil claim, your lawyer only needs to prove liability on a “balance of probabilities” (meaning it is 51% likely that the defendant’s negligence caused the death).
Step 2: Obtain Evidence from the Criminal Proceedings
An acquittal does not mean the evidence gathered by the Peel Regional Police is useless. 📁 Your civil lawyer can obtain the police reports, witness statements, accident reconstruction data, and even the transcripts from the criminal trial. Testimony given under oath during the criminal trial can be a powerful tool during the civil lawsuit.
Step 3: Draft and File the Civil Statement of Claim
Your lawyer will formally initiate the civil lawsuit by filing a Statement of Claim in Mississauga. Unlike a criminal trial where the Crown represents the state, you and your lawyer are entirely in control of this civil action. You dictate exactly which damages you are seeking under the Ontario Family Law Act for the loss of your loved one.
Step 4: Conduct Examinations for Discovery
In a criminal trial, the accused has the constitutional right to remain silent and cannot be forced to testify. 🗣 However, in a civil wrongful death lawsuit, the defendant is generally legally required to answer questions under oath during a process called Examinations for Discovery. This often uncovers critical admissions of guilt or negligence that were completely hidden during the criminal trial.
How Much Does it Cost to Sue in Mississauga?
You might assume that funding a major civil lawsuit after a draining criminal trial is impossible. 💰 Fortunately, personal injury and wrongful death lawyers in Ontario utilize structures that remove the financial risk for grieving families.
| Legal Expense | How it Works in Ontario Civil Courts |
|---|---|
| Lawyer Retainer (Upfront Fees) | Generally $0. Most reputable Mississauga law firms work on a contingency fee basis. |
| Contingency Percentage | The law firm takes a pre-agreed percentage (often 30% to 33%) of the final settlement or court award. If you lose the civil case, you do not pay their legal fees. |
| Disbursements (Out of Pocket) | Costs to order criminal transcripts, hire private investigators, or secure expert witnesses are usually paid upfront by the law firm and recovered later. |
How Long Does the Civil Process Take?
Civil lawsuits are a marathon, not a sprint. ⏱ While a criminal trial might conclude within 18 to 24 months, a civil wrongful death lawsuit in Ontario can easily take 3 to 5 years. The timeline can be longer if your civil lawyer advises pausing certain civil steps until the criminal proceedings have fully concluded to avoid complicating the evidence.
Frequently Asked Questions (FAQ)
If the driver was convicted of a DUI, does it help my civil case?
Yes, immensely. If a defendant is convicted of an indictable offence like impaired driving causing death, that criminal conviction serves as extremely strong evidence of negligence in your civil wrongful death lawsuit.
Can I sue if the police decided not to lay criminal charges at all?
Yes. The police may decline to press charges if they feel they cannot meet the strict “beyond a reasonable doubt” standard. You still have the absolute right to pursue civil justice where the standard of proof is much lower.
Will the defendant have to pay out of pocket if we win?
In most motor vehicle accidents or property-related deaths, the defendant’s insurance company pays the civil settlement. However, if it was an intentional criminal act (like an assault), standard insurance policies may deny coverage, meaning you may have to pursue the defendant’s personal assets.
Do we have to wait for the criminal trial to end before filing a civil suit?
No, and you should not wait. The Ontario Limitations Act generally gives you exactly two years from the date of death to file a civil claim. If you wait for a slow criminal trial to end, you might miss your civil deadline completely.
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