If you lose a loved one to an impaired driver in Ontario, you can file a civil lawsuit for wrongful death parallel to the ongoing criminal trial. You may also have grounds to sue the bar or restaurant that over-served the driver under commercial host liability laws.
There are few things more devastating than losing a family member because another person chose to get behind the wheel while intoxicated. In Mississauga, impaired driving causing death is a severely punished indictable offence under the Criminal Code of Canada. While the Peel Regional Police and the Crown will aggressively prosecute the driver to seek justice, the criminal system is not designed to compensate your family for the immense financial and emotional ruin you are left to face.
To secure compensation for lost income, funeral expenses, and loss of companionship, you must initiate a separate civil lawsuit. 📍 In Ontario, families pursue these damages under the Family Law Act. A local law firm can help you navigate the civil system simultaneously, ensuring that evidence gathered by the police is utilized to maximize your family’s financial recovery.
Understanding the Dual Legal Tracks in Canada
It is vital to understand that the criminal prosecution and your civil lawsuit are two entirely different legal processes operating in different courts. Here is how they compare.
| Feature | Criminal Proceeding | Civil Lawsuit (Wrongful Death) |
|---|---|---|
| Who Brings the Case? | The Crown Prosecutor (State) | Your personal injury lawyer |
| Primary Goal | Punishment and public safety (prison) | Financial compensation for the family |
| Burden of Proof | Beyond a reasonable doubt (very high) | Balance of probabilities (more likely than not) |
Step-by-Step Guide for Grieving Families in Mississauga
Navigating the aftermath of a fatal collision on busy routes like the 401 or Hurontario Street requires a strategic approach to protect your family’s future. 📋
Step 1: Allowing the Criminal Investigation to Unfold
Your first step is to cooperate with the Peel Regional Police Major Collision Bureau. They will gather breathalyzer results, toxicological reports, and collision reconstruction data. Your lawyer will eventually request this entire police file, as an impaired driving conviction makes proving liability in your civil case significantly easier.
Step 2: Investigating Commercial Host Liability
Under Ontario law, bars, pubs, and restaurants have a legal duty not to over-serve visibly intoxicated patrons. Your lawyer will investigate where the driver was drinking before the crash. If a licensed establishment in Mississauga served them while they were impaired, that business can be held partially liable for the wrongful death.
Step 3: Applying for Statutory Accident Benefits
Regardless of fault, you are immediately entitled to death and funeral benefits through your own auto insurance policy (or the deceased’s policy) under Ontario’s Statutory Accident Benefits Schedule (SABS). 💵 You can claim up to $6,000 CAD for funeral expenses and a standard death benefit of $25,000 CAD for the spouse.
Step 4: Filing the Civil Lawsuit at the Superior Court
To seek full compensation for future lost income and the loss of care and companionship, a formal Statement of Claim is filed at the Superior Court of Justice. You have a strict two-year statute of limitations to launch this lawsuit against the driver and any liable establishments.
How Much Does it Cost in Mississauga?
The financial burden should never prevent a grieving family from seeking justice against a drunk driver. 💰 Most civil lawyers operate on terms that protect your immediate finances.
- Criminal Case Costs: You pay absolutely nothing for the criminal prosecution; it is funded entirely by the government.
- Civil Court Fees: Filing your lawsuit at the Ontario Superior Court of Justice carries a standard fee of $239 CAD.
- Contingency Fees: Most wrongful death lawyers in Mississauga work on a contingency basis, taking 25% to 33% of your final settlement. You pay no legal fees upfront.
How Long Does the Process Take?
Patience is required, as civil lawsuits involving impaired driving often wait for the criminal trial to conclude first. A criminal trial can take 1 to 2 years. Consequently, your civil wrongful death settlement might take 3 to 5 years to fully resolve. However, SABS funeral and death benefits are typically paid out within a few weeks of the tragic event.
Frequently Asked Questions (FAQ)
What if the drunk driver is found not guilty in criminal court?
You can still win your civil lawsuit. The civil system uses a lower burden of proof (“balance of probabilities”). A driver might avoid a criminal conviction but still be found civilly liable for the wrongful death.
Can we claim punitive damages against an impaired driver?
Yes. While punitive damages are rare in Canada, impaired driving is one of the few scenarios where Ontario judges may award additional money specifically to punish the driver’s reckless behaviour.
What if the driver was high on cannabis, not alcohol?
The law treats drug-impaired driving exactly the same as alcohol-impaired driving. If a toxicologist confirms the driver was impaired by cannabis or any other substance, the liability rules apply identically.
What if the impaired driver was uninsured?
If the at-fault driver had no insurance, your family can claim compensation through the uninsured/underinsured motorist coverage (OPCF 44R) on your own Ontario auto insurance policy.
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