What is considered wrongful death in Ontario?

A death is considered wrongful when it results from another person’s negligence, recklessness, or intentional harmful conduct — including a fatal accident caused by a negligent driver, a property owner’s failure to maintain a safe premises, or medical malpractice. Due to another party’s failure to fulfill their duty of care, surviving family members have the right to pursue a wrongful death lawsuit and recover compensation for the full impact of their loss.

Who can bring a wrongful death claim in Ontario?

Under Ontario’s Family Law Act, the spouse, children, grandchildren, parents, grandparents, and siblings of the deceased are all entitled to bring a wrongful death claim. Our wrongful death lawyers can help each eligible family member pursue the compensation they are owed.

How long do we have to file a wrongful death claim?

Two deadlines run at the same time, and missing either one ends that claim. The surviving family members’ Family Law Act claims are governed by the basic two year limitation period in the Limitations Act, 2002, which runs from the day the claim is discovered. The estate’s own claim, the survival action for the losses the deceased suffered before death, is governed by section 38(3) of the Trustee Act: it cannot be brought more than two years after the date of death, and there is no discoverability extension on that period. Insurance notice periods are far shorter: an accident benefits claim must be reported to the insurer within 7 days of the accident. Contact us for a free consultation today so we can ensure every deadline is met before it is too late.

What if the deceased was partially at fault?

Under Ontario’s Negligence Act, families may still recover compensation even if the deceased was partially responsible for the accident. The award will be adjusted based on the degree of fault, but depending on the circumstances, the family can still receive significant financial support. Responsible parties remain liable for their proportionate share of the loss.

How much does a wrongful death lawsuit cost?

At VC Lawyers, our wrongful death lawyers work on a contingency fee basis. There are no upfront costs. You only pay us after we successfully recover compensation for your family — whether through an initial consultation, a settlement, or a court award.

What if the at-fault party has limited or no insurance?

Our wrongful death lawyers explore every available source of compensation — including uninsured motorist coverage, employer liability, and third-party negligent claims — to ensure your family is not left without legal action and recourse following the loss of a loved one.

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Overview

If you have lost a loved one due to someone else’s negligence, you need a compassionate wrongful death lawyer in Toronto who will fight to hold negligent parties accountable while you focus on your family. At VC Lawyers, our dedicated Toronto wrongful death lawyer team provides aggressive and compassionate legal representation for families across Ontario who have experienced the death of a loved one caused by motor vehicle accidents, medical malpractice, workplace deaths, and fatal falls. We work on a contingency basis — you pay nothing unless we win.

No amount of compensation can replace a family member. But financial security for those left behind is essential — and our wrongful death lawyers understand that pursuing a wrongful death claim is about protecting your family’s future, not just seeking justice for the past. Our experienced wrongful death lawyer team carries all costs of the case upfront, so your family can grieve without the added burden of legal fees.

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Every wrongful death case deserves a careful look

The first 30-minute consultation is free and confidential. Whether you were injured, lost a loved one, or are caring for an injured family member, we will tell you within that conversation what your realistic options are, and what to do next.

No fee unless we recover. Home and hospital visits available across the GTA.

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Our team

The lawyers who will handle your case

Maurice Vaturi

Senior Counsel

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Avi Vaturi

Partner

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Jae Hyon Cho

Co-Managing Partner

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Jun Ki Lee

Associate

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Allan Weiss

Associate

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Kate Min Kwon

Immigration Consultant

RCIC R529664 · RQIC 11726

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FAQs

Frequently Asked Questions — Toronto Wrongful Death Lawyer

What is considered wrongful death in Ontario?
A death is considered wrongful when it results from another person’s negligence, recklessness, or intentional harmful conduct — including a fatal accident caused by a negligent driver, a property owner’s failure to maintain a safe premises, or medical malpractice. Due to another party’s failure to fulfill their duty of care, surviving family members have the right to pursue a wrongful death lawsuit and recover compensation for the full impact of their loss.
Who can bring a wrongful death claim in Ontario?
Under Ontario’s Family Law Act, the spouse, children, grandchildren, parents, grandparents, and siblings of the deceased are all entitled to bring a wrongful death claim. Our wrongful death lawyers can help each eligible family member pursue the compensation they are owed.
How long do we have to file a wrongful death claim?
Two deadlines run at the same time, and missing either one ends that claim. The surviving family members’ Family Law Act claims are governed by the basic two year limitation period in the Limitations Act, 2002, which runs from the day the claim is discovered. The estate’s own claim, the survival action for the losses the deceased suffered before death, is governed by section 38(3) of the Trustee Act: it cannot be brought more than two years after the date of death, and there is no discoverability extension on that period. Insurance notice periods are far shorter: an accident benefits claim must be reported to the insurer within 7 days of the accident. Contact us for a free consultation today so we can ensure every deadline is met before it is too late.
What if the deceased was partially at fault?
Under Ontario’s Negligence Act, families may still recover compensation even if the deceased was partially responsible for the accident. The award will be adjusted based on the degree of fault, but depending on the circumstances, the family can still receive significant financial support. Responsible parties remain liable for their proportionate share of the loss.
How much does a wrongful death lawsuit cost?
At VC Lawyers, our wrongful death lawyers work on a contingency fee basis. There are no upfront costs. You only pay us after we successfully recover compensation for your family — whether through an initial consultation, a settlement, or a court award.
What if the at-fault party has limited or no insurance?
Our wrongful death lawyers explore every available source of compensation — including uninsured motorist coverage, employer liability, and third-party negligent claims — to ensure your family is not left without legal action and recourse following the loss of a loved one.

Where we work

Service areas

VC Lawyers serves clients throughout the Greater Toronto Area, including Toronto, North York, Scarborough, Etobicoke, Mississauga, Brampton, Oakville, Burlington, Vaughan, Richmond Hill, Pickering, Ajax, Whitby, Oshawa, Newmarket, and Aurora. We also represent clients across Ontario through video consultations and home/hospital visits when needed.

Languages spoken at the firm include English, Korean (한국어), Hebrew, Mandarin, and others depending on lawyer assignment.

Our office is located at 1110 Finch Avenue West, Suite 310, in North York, with parking and TTC access (Finch West subway and bus connections).

Why people choose VC Lawyers

The right firm handles everything so you can focus on recovery

Choosing the right personal injury law firm after an accident in Toronto can mean the difference between a lowball settlement and the full compensation you deserve.

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No Fees Unless We Win

Personal injury cases run on a contingency basis. You pay nothing upfront.

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Free Personal Injury Consultation

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We’re available around the clock when you need us most.

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Home & Hospital Visits

Too injured to come to us? We’ll come to you.

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Multilingual Legal Team

Services in 8 languages so nothing gets lost in translation.

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Take the next step

Speak with a Compassionate Wrongful Death Lawyer Today — Free Consultation

If you have lost a loved one in a fatal accident caused by someone else’s negligence anywhere in Toronto or Ontario, you do not have to face this alone. Our wrongful death lawyers can help your family understand your rights, file a wrongful death claim, and pursue every dollar of compensation your family is entitled to recover.We offer a free consultation today with absolutely no obligation. Contact us for a free review of your wrongful death case — our death lawyers for a free consultation are available around the clock. Let our experienced wrongful death team carry this legal burden for you.

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Vaturi & Cho LLP

1110 Finch Ave W #310
North York, ON M3J 2T2

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