As of May 2026, a criminal conviction (such as an indictable offence for impaired driving causing death) dramatically speeds up an Ontario civil wrongful death claim. Because the criminal court has already proven fault “beyond a reasonable doubt,” your lawyer can easily use this conviction to establish civil liability, making it highly likely the insurance company will settle out of court.
When a fatal accident is the result of a crime, grieving families in Vaughan often find themselves navigating two entirely different legal systems at once. Following a tragedy like a drunk driving crash or a fatal assault, you will deal with the police and Crown Prosecutors on the criminal side, and your own personal injury lawyer on the civil side. Understanding how a criminal conviction affects a civil wrongful death claim in Ontario can bring you a much-needed sense of legal clarity. 📍
A criminal trial is designed to punish the offender with jail time or fines, but it does absolutely nothing to financially support the surviving family. That is what the civil lawsuit is for. Thankfully, the outcome of the criminal trial can be used as an incredibly powerful weapon by your law firm to secure maximum financial compensation for your family’s tragic loss. 💰
Step-by-Step Process for Overlapping Claims in Ontario
If the tragic incident occurred in the Greater Toronto Area, the criminal trial will likely take place at a local courthouse, while your civil claim is filed at the Superior Court of Justice. Your civil lawyer will closely monitor the criminal proceedings every step of the way. 👤
Step 1: Monitoring the Criminal Trial
While the Crown Prosecutor tries the criminal case against the at-fault party, your civil law firm will essentially wait in the wings. The burden of proof in a criminal court is “beyond a reasonable doubt,” which is very high. Your lawyer will monitor the evidence the police present, such as breathalyzer results or witness testimonies, taking detailed notes for your future civil claim. 🔍
Step 2: Obtaining the Certificate of Conviction
If the judge or jury finds the defendant guilty of a summary conviction or an indictable offence, your lawyer will immediately request an official Certificate of Conviction. Under Ontario’s Evidence Act, this certificate is admissible in a civil trial. It acts as undeniable, legal proof that the defendant breached their duty of care and caused the accident. 📝
Step 3: Filing the Civil Lawsuit for Damages
Armed with the criminal conviction, your lawyer will aggressively pursue the civil wrongful death claim. Because fault is no longer debatable, the at-fault party’s insurance company has almost no defense left. The civil lawsuit transitions from arguing “who is to blame” to simply calculating exactly how much financial compensation your family is owed under the Family Law Act. 🔒
How Much Does it Cost in Ontario?
You do not pay for the criminal trial-the Canadian government covers all costs of prosecuting the offender. However, pursuing the civil lawsuit against the offender’s insurance company involves standard legal costs, which are usually handled on a contingency basis in Canadian dollars (CAD): 💵
| Expense | Estimated Cost (CAD) |
|---|---|
| Lawyer Contingency Fee | Typically 30% – 33% of the final civil settlement |
| Obtaining Criminal Transcripts | $500 – $2,000+ (Depends on trial length) |
| Superior Court Civil Filing Fee | $339 |
| Forensic Economist (Income Loss) | $2,500 – $5,000 |
How Long Does the Process Take?
Navigating both the criminal and civil systems requires an immense amount of patience. A criminal trial for a serious offence like impaired driving causing death can easily take 1 to 2.5 years to conclude in Ontario’s backlogged criminal courts. ⏱️
Once the conviction is legally secured, the civil lawsuit often resolves much faster because liability is already proven. Most insurance companies will attempt to settle the civil claim out of court within 12 to 18 months following the criminal verdict, saving you from having to endure a second traumatizing trial. 📅
Frequently Asked Questions (FAQ)
What happens to my civil claim if they are found “Not Guilty” in criminal court?
If the defendant is acquitted criminally, you can still easily win 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). Many defendants who beat criminal charges still lose their civil lawsuits.
Do we have to wait for the criminal trial to finish before suing?
No, you should file the civil lawsuit right away. In Ontario, you strictly have only 2 years from the date of the death to file your civil claim. Your lawyer will file the paperwork immediately to protect your rights, even if the civil case is temporarily “paused” while the criminal trial finishes.
If the offender goes to federal prison, who pays the civil settlement?
Even if the offender is sitting in a federal penitentiary, their auto liability insurance or commercial insurance policy remains responsible for paying the financial damages to your family. You are suing their insurance coverage, not their personal bank account.
Can we use evidence from the police investigation in our civil case?
Yes, absolutely. Your civil lawyer will request the complete police motor vehicle accident report, forensic crash reconstruction data, witness statements, and breathalyzer results gathered by the York Regional Police or OPP to build a bulletproof civil claim for your family.
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