The Family Law Act is the Ontario statute that, through section 61, gives certain family members a statutory right to claim damages when a person is injured or killed by the fault of another. These derivative claims, often called Family Law Act claims, are a standard component of serious medical malpractice and wrongful death actions, brought alongside the injured person’s own claim or the estate’s claim.
Section 61 entitles the spouse, children, grandchildren, parents, grandparents, and siblings of the injured or deceased person to recover for losses such as the value of guidance, care, and companionship, the value of nursing and household services provided to the injured person, and out-of-pocket expenses including funeral costs. These claims are subject to the limitation framework of the Limitations Act, 2002, and the assessment of guidance, care, and companionship in particular is frequently contested.
Posts tagged Family Law Act analyze Ontario decisions involving section 61 claims by family members in medical malpractice and wrongful death cases.
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