You do not have to wait for a criminal trial to end before starting a civil wrongful death claim in Ontario. The civil lawsuit is filed at the Superior Court of Justice, where the burden of proof is much lower than in a criminal court.
When a loved one is killed due to an intentional act, extreme negligence, or impaired driving, the Ottawa Police Service will likely lay criminal charges against the responsible party. 🚨 Navigating both the criminal justice system and the civil court system at the same time can feel overwhelming for any family. It is important to understand that these are two completely separate legal processes with different goals, rules, and outcomes.
In Canada, criminal law aims to punish the offender for breaking the Criminal Code, whereas civil law focuses on providing financial compensation to the grieving family. A criminal conviction is not strictly required for you to win a civil lawsuit in Ontario. Understanding how these two systems interact is vital to protecting your family’s future and ensuring all legal deadlines are met.
Step-by-Step Process in Ottawa for Overlapping Cases
Handling parallel criminal and civil cases requires careful timing and strategy. 📅 Your local lawyer will coordinate with the authorities while building your civil claim through the following steps.
Step 1: Allowing the Criminal Investigation to Proceed
Immediately after the incident, the Ottawa Police and the Crown Attorney will take the lead. They will gather evidence, interview witnesses, and determine whether to charge the at-fault party with an indictable offence (a more serious crime) or a summary conviction offence. During this time, your family’s role is typically to cooperate as witnesses. The Crown does not represent your financial interests; they represent the public.
Step 2: Initiating the Civil Lawsuit Promptly
You should not wait for the criminal trial to conclude before contacting a law firm. 📋 Criminal courts in Ontario face significant backlogs, and cases can drag on for years. Your lawyer will draft and file your civil Statement of Claim at the Superior Court of Justice in Ottawa to ensure you do not miss the strict civil deadlines, even while the criminal case is still pending.
Step 3: Using Criminal Evidence in Your Civil Case
Once the criminal case concludes, the results can heavily influence your civil lawsuit. If the defendant pleads guilty or is convicted criminally, your lawyer can use that conviction as powerful evidence of negligence in the civil trial. Even if the defendant is acquitted criminally, you can still pursue the civil claim because the civil justice system requires a lower standard of proof.
How Much Does it Cost in Ottawa?
The costs differ significantly between the two systems. 💰 Here is how the financial aspects compare:
| Legal Process | Who Pays for It? | Primary Goal |
|---|---|---|
| Criminal Case | Funded by the government (taxpayers). The Crown prosecutes at no cost to your family. | To punish the offender (e.g., jail time, fines, driving prohibition). |
| Civil Lawsuit | You hire a private law firm on a contingency fee (typically 25% to 33%). Filing fee is $357 CAD. | To secure financial compensation for the family’s loss of income and companionship. |
How Long Does the Process Take?
The interplay of timelines is where many families get confused. ⏳ For your civil lawsuit, the Limitations Act of Ontario strictly requires you to file your claim within two years of the date of death. You must adhere to this deadline regardless of what is happening in the criminal courts. The criminal process itself can take one to three years to reach a verdict. Because the civil case often pauses to wait for the criminal evidence to emerge, the entire civil process can take anywhere from three to five years to fully resolve.
Frequently Asked Questions (FAQ)
What happens to my civil claim if the defendant is found not guilty in criminal court?
You can still proceed with your civil lawsuit. Criminal court requires proof “beyond a reasonable doubt.” Civil court only requires proof on a “balance of probabilities” (meaning it is more than 50% likely they were at fault). It is entirely possible to win a civil case even if the defendant was acquitted criminally.
Will I have to testify twice?
It is possible. You may be called as a witness by the Crown Attorney during the criminal trial, and you may also need to participate in an Examination for Discovery or testify at a trial for your civil lawsuit.
Can the criminal court award my family compensation?
Criminal courts generally do not award comprehensive compensation to victims’ families. A judge might order a minor restitution payment, but to recover substantial damages for lost income and loss of companionship, you must file a civil lawsuit under the Family Law Act.
Should I share evidence I find with my civil lawyer or the police?
You should immediately share any new evidence with the Ottawa Police Service for their criminal investigation. However, you should also inform your civil lawyer so they can ensure the evidence is properly documented for your Superior Court of Justice claim.
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