Yes, common-law partners in Toronto are eligible to sue for wrongful death under Ontario’s Family Law Act. However, to qualify, you must prove you lived together continuously for at least three years, or lived in a relationship of some permanence if you share a biological or adoptive child together.
Understanding Common-Law Rights in Ontario
Losing a life partner in a tragic accident is devastating, and the grief is often compounded when unmarried partners worry they have no legal standing to seek justice 💔. There is a common misconception in Toronto that only legally married spouses can file a wrongful death lawsuit. Fortunately, Ontario law recognizes modern family structures and extends protections to common-law partners .
Under the province’s Family Law Act (FLA), specific family members are permitted to sue a negligent party for the loss of care, guidance, companionship, and financial support 🧐. The law explicitly includes common-law spouses in its definition of eligible claimants. However, unlike married couples who simply present a marriage certificate, common-law partners carry the legal burden of proving the validity and duration of their relationship to the court .
Step-by-Step Process in Toronto
If your partner was killed in a motor vehicle accident, medical malpractice incident, or slip and fall in the GTA, asserting your rights requires gathering very specific documentation 📍. Here is how your legal team will build your case .
Step 1: Verify Your Eligibility Criteria
Before filing a claim, your lawyer must ensure you meet the strict provincial definition of a common-law spouse 📄. In Ontario, this means you must have cohabited continuously for a period of not less than three years. Alternatively, if you and your deceased partner are the parents of a child, the three-year rule is waived, provided you lived together in a “relationship of some permanence” .
Step 2: Gather Documentary Proof of the Relationship
Insurance companies will heavily scrutinize your relationship status to avoid paying a settlement 🔍. You must provide your lawyer with hard evidence of cohabitation. This includes joint residential leases, shared utility bills, joint bank account statements, and copies of CRA tax returns where you declared your marital status as common-law .
Step 3: Quantify the Loss of Spousal Support
As a recognized spouse, you are entitled to claim “pecuniary” (financial) damages 📈. If your deceased partner was a primary earner, your lawyer will hire an economic expert to calculate the future loss of shared household income. You can also claim the value of household services your partner provided, such as home maintenance or childcare .
Step 4: Issue the Statement of Claim
Once your eligibility and damages are calculated, your law firm will file the Statement of Claim at the Superior Court of Justice 💭. This must be done within the strict two-year limitation period from the date of the death, officially demanding compensation for your emotional and financial losses .
How Much Does it Cost in Toronto?
Proving a common-law wrongful death claim involves specific legal and evidentiary costs, but the financial risk to the surviving partner is minimized 💵.
| Legal Requirement | Estimated Cost in CAD | Who Pays Upfront? |
|---|---|---|
| Superior Court Filing Fee | $243 | Law Firm |
| Actuary / Economic Expert Report | $3,000 – $6,000 | Law Firm |
| Lawyer’s Legal Fees | 25% – 33% of Settlement | Paid at the end of the case |
- Contingency Fees: Most Toronto personal injury lawyers handle wrongful death claims on a contingency basis, meaning you pay no hourly fees. The lawyer only takes a percentage if they successfully win a settlement for you.
- Settlement Values: Crucially, in Ontario, there is no legislative or judicial cap on non-pecuniary compensation for the loss of care, guidance, and companionship under s. 61 of the Family Law Act. While a historical benchmark of $100,000 was established in To v. Toronto Board of Education (2001), the Court of Appeal for Ontario in the landmark case Moore v. 7595611 Canada Corp. (2021 ONCA 459) explicitly confirmed that no maximum cap applies. Adjusted for inflation, that historical benchmark exceeds $180,000 in 2026, and contemporary Ontario courts and juries regularly award $200,000 to $250,000 or more per surviving family member, while claims for loss of future financial spousal support can easily be worth hundreds of thousands more depending on the deceased’s salary.
How Long Does the Process Take?
You have exactly two years from the date of your partner’s death to file the lawsuit ⌛. Because common-law claims often require extra time to gather financial documents and fight potential pushback from the insurance company regarding your relationship status, a typical wrongful death claim in Toronto takes between two to four years to reach a final mediated settlement or trial verdict .
Frequently Asked Questions (FAQ)
What if we lived together for two years and had no children?
Unfortunately, under the strict wording of the Ontario Family Law Act, if you cohabited for less than three years and do not share a child, you do not meet the legal definition of a spouse. In most cases, you would be legally barred from filing a wrongful death lawsuit.
Do I automatically inherit their estate as a common-law partner?
No. This is a critical distinction in Ontario law. While you have the right to sue for wrongful death under the Family Law Act, common-law partners do not have automatic inheritance rights to the deceased’s property if they died without a will. You would have to make a separate claim against the estate for dependent support.
Can the deceased’s parents and I file the lawsuit together?
Yes. In fact, Ontario courts prefer that all eligible Family Law Act claimants (spouses, children, parents, siblings) join together in a single, unified Statement of Claim against the negligent party, rather than filing multiple separate lawsuits.
What if we were temporarily separated when the accident happened?
If the separation was intended to be temporary and there was a clear intention to reconcile, you may still qualify as a common-law spouse. However, if the relationship was permanently over, your claim for loss of companionship and support will likely be denied or severely reduced.
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