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Direct Answer: Yes. Under section 61(1) of the Family Law Act, RSO 1990, certain family members — spouses, children, grandchildren, parents, grandparents, and siblings — may seek compensation when a loved one is seriously injured or killed through someone else’s negligence. This is called a Family Law Act (FLA) claim. It is the family member’s own legal claim, separate from the injured person’s lawsuit. Eligible family members may recover damages for loss of care, guidance, and companionship — the human cost of losing or having severely diminished the relationship with the injured person. They may also recover financial support they depended on, the value of household services the injured person can no longer provide, and out-of-pocket expenses directly caused by the injury. A Family Law Act claim does not replace or reduce the injured person’s own damages. Both claims proceed together, and both can be pursued by the same law firm in the same litigation.
At a Glance
- An FLA claim is the family member’s own claim — separate from the injured person’s lawsuit
- Eligible family members: spouse (including common-law), child, grandchild, parent, grandparent, sibling
- Common-law partners qualify if they have cohabited continuously for 3+ years, or have a child together
- FLA damages include: loss of care, guidance and companionship; financial support; household services; out-of-pocket expenses
- For court awards made in 2026 in motor vehicle cases, non-pecuniary FLA damages for loss of guidance, care and companionship may be subject to a separate statutory deductible of $23,956.52 per claimant
- General limitation period: usually 2 years from discovery of the claim — do not assume the accident date always controls
- Both the injured person’s claim and the family member’s FLA claim are typically pursued in the same lawsuit
- Family members should document the relationship, keep all receipts, and seek legal advice promptly
- An FLA claim may be available even if the injured person survives; entitlement depends on the underlying claim, the family member’s proven loss, and any applicable automobile threshold
What Is a Family Law Act Claim?
When a person is seriously injured or killed through someone else’s negligence, the immediate focus is usually on the injured person’s lawsuit — for pain and suffering, income loss, medical expenses, and future care costs. But Ontario law recognizes that serious injuries do not affect only the injured person. A spouse who loses their partner’s emotional and physical presence, a child who loses an active parent, a parent who loses their adult child’s companionship — each of these people suffers a real and compensable loss.
The Family Law Act, RSO 1990 gives these family members their own independent cause of action. Section 61(1) provides that if a person is injured or killed by the fault or neglect of another under circumstances that would have entitled the person to recover damages, the person’s spouse, children, grandchildren, parents, grandparents, and siblings may bring an action for their own damages.
Three things about FLA claims are consistently misunderstood:
- An FLA claim is not a wrongful death claim. Wrongful death is a specific category that arises only where the injured person dies. FLA claims arise upon serious injury — the injured person does not need to have died for family members to have a claim. A permanently disabling brain injury, catastrophic spinal injury, or any serious permanent impairment of the relationship can give rise to FLA claims while the injured person is still alive.
- An FLA claim is not a reduction of the injured person’s claim. The family members’ recovery comes from the defendant — not from the injured person’s damages. Both claims are pursued against the same wrongdoer and both can be pursued simultaneously in the same litigation.
- An FLA claim is not automatic. Family members must bring their own claim, prove their own losses, and provide their own evidence of the relationship and its impact. The claim must be commenced before the applicable limitation period expires.
Who Can Make a Family Law Act Claim in Ontario?
Section 61(1) of the Family Law Act lists the eligible family members. The definition is broader than many people assume.
| Family Member | Eligible? | Notes |
|---|---|---|
| Married spouse | ✓ Yes | Full range of FLA damages available |
| Common-law spouse | ✓ Yes — if threshold met | Must have cohabited continuously for 3+ years, OR be in a relationship of some permanence with a child together |
| Child | ✓ Yes | Includes biological and adopted children; a child’s claim for loss of parental guidance is among the strongest FLA claims |
| Grandchild | ✓ Yes | Value depends on the nature and closeness of the relationship |
| Parent | ✓ Yes | Includes parents of adult children; the nature of the parent-child relationship is central to the damages assessment |
| Grandparent | ✓ Yes | Value depends on the closeness of the grandparent-grandchild relationship |
| Brother or sister | ✓ Yes | Siblings are expressly included; the value depends significantly on the closeness and nature of the sibling relationship |
| Other relatives (aunts, cousins, friends) | ✗ Not eligible | The Act is limited to the listed categories — other relationships, however close, do not qualify under the FLA |
Common-law partner eligibility — the threshold matters
A common-law partner is a “spouse” under the Family Law Act only if one of two conditions is met: the partners have cohabited continuously for at least three years immediately before the injury, or they are in a relationship of some permanence and have a child together. A partner of two years who does not share a child with the injured person does not meet this threshold and does not have a spousal FLA claim. This is one of the most consequential and most frequently misunderstood eligibility rules in FLA litigation.
When Does a Family Law Act Claim Arise?
An FLA claim arises whenever an injured person would have had a valid tort claim against a defendant — and the injury is serious enough to have materially affected the family member’s relationship with the injured person. The claim is not limited to any specific type of accident.
| Accident Type | FLA Claim Arises? | Governing Framework |
|---|---|---|
| Motor vehicle accident | Yes | Insurance Act, s.267.5 — FLA deductible applies; threshold must be met |
| Slip and fall — occupiers’ liability | Yes | Occupiers’ Liability Act — no FLA deductible; full award payable |
| Municipal property — slip and fall | Yes | Municipal Act — 10-day notice applies to primary claim; FLA claim follows |
| Medical negligence | Yes | No FLA deductible; full award payable |
| Product liability | Yes | No FLA deductible |
| Dog bite or animal attack | Yes | Dog Owners’ Liability Act — strict liability; FLA claim available |
| Construction or workplace accident | Yes — if third-party tort claim exists | WSIB may limit tort claim against employer; third-party claims remain |
| Wrongful death | Yes — additional heads of damage | Fatal injury adds funeral expenses and loss of financial support going forward |
What Compensation Can Family Members Recover?
Loss of Care, Guidance, and Companionship
This is the primary head of FLA damages and applies to all eligible family members. It compensates for the diminishment or loss of the injured person’s presence, emotional support, guidance, and companionship in the family member’s life. Courts assess this by looking at the nature and closeness of the relationship before the injury, the specific ways the injury has changed that relationship, and the likely duration of the deprivation.
This head of damage is not a precise financial calculation — it requires evidence of the relationship itself: how much time the family members spent together, what activities they shared, what the injured person contributed to the family member’s wellbeing, and what has changed since the accident.
Loss of care, guidance, and companionship awards in Ontario typically range from $10,000 to $100,000 or more per family member, depending on the closeness of the relationship and the severity of the injury’s impact on it. Awards for a child who has lost an actively involved parent — particularly a young child whose parent can no longer participate in their upbringing — consistently attract higher amounts than awards for more distant relationships.
Financial Support / Loss of Financial Dependency
Where family members were financially dependent on the injured person — wholly or in part — the loss of that income or financial contribution is compensable. This applies most commonly to spouses and children who depended on the injured person’s earnings, and to dependent parents supported by an adult child.
The claim mirrors the injured person’s own income loss claim in some ways — it requires evidence of the income earned, the proportion contributed to the family, and the expected duration of the dependency. If the injured person has already recovered lost income in their own claim, the FLA claim for financial support addresses the same underlying loss from the family member’s perspective.
Household Services and Domestic Contributions
The injured person may have provided significant household services before the accident — cooking, cleaning, childcare, home maintenance, yard work, and other domestic tasks. If those services are now reduced or lost because of the injury, the family members who depended on them may recover the value of the services lost.
This head of damage is often undervalued because family members assume domestic tasks do not have a legal monetary value. They do. Expert occupational therapists and economic loss specialists calculate the replacement cost of lost household services using market rates for equivalent services. A parent who can no longer care for children, drive them to activities, or cook family meals has lost services that can be quantified.
Out-of-Pocket Expenses
Family members often incur direct expenses as a result of the injury — travel to hospitals or rehabilitation facilities, parking, accommodation near treatment centres, meals during hospitalization, modifications to the family home to accommodate the injured person’s needs, and costs of therapeutic activities. These expenses are recoverable.
Documentation is essential: every receipt, every travel log, every accommodation invoice. The failure to keep records is the single most common reason out-of-pocket expense claims are reduced or rejected.
Funeral Expenses — Fatal Injury Claims Only
Where the injured person dies as a result of their injuries, the reasonable cost of the funeral and burial expenses is recoverable as an additional head of FLA damages. These expenses are typically claimed by the estate or the family members who bore the costs.
Is This Separate From the Injured Person’s Claim?
Yes — completely. The injured person’s claim and the family members’ FLA claims are legally distinct and recover compensation for different losses.
| Head of Damage | Injured Person’s Claim | Family Member’s FLA Claim |
|---|---|---|
| Relationship loss | Not applicable | Loss of care, guidance, and companionship |
| Physical and emotional suffering | Pain and suffering (non-pecuniary damages) | Not applicable |
| Income | Past and future income loss | Loss of financial support or dependency |
| Domestic services | Housekeeping and home maintenance loss (own claim) | Value of household services the family member no longer receives |
| Medical treatment | Past and future medical and rehabilitation costs | Out-of-pocket expenses incurred by family members |
| Future care | Future care cost assessment | Not applicable |
In practice, both claims proceed together. The injured person and their family members are typically represented by the same law firm, and both claims are included in the same Statement of Claim. They are pleaded as separate causes of action, negotiated together at mediation, and resolved in the same settlement or at the same trial.
The MVC FLA Deductible — A Critical Distinction
In motor vehicle accident claims specifically, FLA damages are subject to a statutory deductible under Ontario’s Insurance Act, separate from the deductible that applies to the injured person’s pain and suffering award.
For court awards made from January 1 to December 31, 2026, the FLA deductible is $23,956.52 per claimant. It applies to non-pecuniary damages for loss of guidance, care, and companionship under section 61(2)(e) of the Family Law Act in qualifying automobile cases. If a court assesses a spouse’s award at $30,000, the amount remaining after the deductible is approximately $6,043.48, before any other applicable adjustments. The deductible does not apply where that claimant’s assessed non-pecuniary FLA damages exceed $79,853.70. These amounts are indexed annually and may change in later years. See FSRA’s official 2026 automobile insurance indexation guidance.
| Court’s FLA Assessment | MVC Deductible Applied | Amount Received |
|---|---|---|
| $15,000 | $23,956.52 | $0 — deductible exceeds award |
| $30,000 | $23,956.52 | ~$6,043.48 |
| $50,000 | $23,956.52 | ~$26,043.48 |
| More than $79,853.70 | $0 — deductible does not apply | Full assessed amount |
This deductible does not apply to FLA claims arising from slip and fall, medical negligence, product liability, or other non-MVC claims. An FLA award of $50,000 in a grocery store slip and fall is paid in full. The same award in a qualifying MVC claim would be reduced by $23,956.52, leaving approximately $26,043.48 before any other applicable adjustments. This distinction significantly affects the net value of FLA claims in different contexts. See our guide to pain and suffering compensation in Ontario for how the separate MVC deductible on the injured person’s claim works.
Three Illustrative Scenarios
Scenario 1: Motor Vehicle Accident — Catastrophic Spinal Injury
A 42-year-old father is struck by a negligent driver and suffers a spinal cord injury that leaves him paraplegic. He was the primary income earner, actively involved in his children’s sports and school activities, and responsible for most outdoor home maintenance.
His wife and two children each have FLA claims. The wife’s claim includes loss of care, guidance, and companionship; financial dependency on his income; the household maintenance services he provided; and out-of-pocket expenses during hospitalization and rehabilitation. Each child’s claim includes loss of parental guidance, care, and companionship — the loss of an active father who can no longer coach their teams, help with homework, or participate in daily family life in the same way.
For court awards made in 2026, the FLA deductible of $23,956.52 applies separately to each family member’s qualifying loss of guidance, care, and companionship award, unless that claimant’s assessed non-pecuniary FLA damages exceed $79,853.70.
Scenario 2: Slip and Fall on Municipal Property — Brain Injury
A 55-year-old grandmother slips on an unmaintained public sidewalk and suffers a traumatic brain injury that permanently affects her cognitive function, personality, and ability to participate in family relationships. Her husband and adult children each have FLA claims for the loss of the relationship they had with her before the accident.
Because this is a slip and fall on municipal property — not a motor vehicle accident — the FLA deductible does not apply. The full assessed award is payable. The municipal claim also requires written notice to the municipality within 10 days of the accident, which affects the primary claim and indirectly the FLA claims. See our guide to suing a municipality after a slip and fall in Ontario.
Scenario 3: Wrongful Death — Fatal Car Accident
A 38-year-old mother is killed in a motor vehicle accident caused by a distracted driver. Her husband, two young children, and her own parents each have FLA claims.
The husband’s claim includes loss of care, guidance, and companionship; loss of the income she contributed to the household; household services she provided; funeral expenses; and out-of-pocket expenses. The children’s claims are among the most significant — young children who lose a parent to wrongful death have lost decades of parental guidance, care, and companionship. The parents’ claims reflect the loss of their adult daughter’s relationship and presence. The husband must also administer the injured person’s estate, which may have a separate claim for the victim’s own loss of income and life expectancy.
For a full picture of how litigation proceeds once both the injured person’s claim and FLA claims are active, see our complete timeline of a personal injury lawsuit in Ontario.
Evidence That Strengthens an FLA Claim
| Evidence Type | What It Establishes | Why It Matters |
|---|---|---|
| Marriage certificate or cohabitation evidence | Eligibility — confirms spousal relationship | Establishes standing to bring a spousal FLA claim |
| Birth certificates | Confirms parent-child or grandparent relationship | Establishes eligibility for parent, child, grandchild, and grandparent claims |
| Medical records of the injured person | Severity and permanence of the injury | Courts assess FLA damages based on the extent to which the injury has affected the relationship — more severe permanent injuries attract higher FLA awards. See our guide on how medical records affect injury claims and our guide on independent medical examinations in Ontario |
| Relationship evidence — photographs, journals, communications | Nature and closeness of the pre-injury relationship | Photographs of family activities, messages, and journals documenting the relationship before and after the injury are persuasive evidence of what has been lost |
| Income records of the injured person | Value of financial contributions to the family | Tax returns, pay stubs, and employment records establish the income that family members depended on |
| Receipts and expense records | Out-of-pocket expenses incurred by family members | Travel, accommodation, parking, and other expenses must be documented to be recoverable — keep every receipt from the day of the accident onward |
| Caregiving journals | Household services provided to the injured person and domestic services lost | A contemporaneous record of caregiving hours, tasks, and impact on the family member’s own life is far more persuasive than a retrospective estimate |
| Witness statements from family and friends | Observable changes in the injured person and the family relationship | People who knew the family before and after the accident can give evidence about the changes they have observed in the injured person’s ability to participate in family life |
| Expert evidence | Value of lost household services and financial dependency | Occupational therapists and economic experts quantify the replacement cost of lost services and financial contributions |
Time Limits
FLA claims are subject to the same general limitation period as the underlying personal injury claim. Under Ontario’s Limitations Act, 2002, the general limitation period is two years from the date the claim was discovered — for most personal injury cases, this is the date of the accident.
The FLA claim runs separately but typically expires at the same time as the primary tort claim. A family member who waits more than two years from the date of the accident to pursue their FLA claim may find it statute-barred even if the injured person’s own claim is still active.
Important: Family members should not assume their claim is protected simply because the injured person’s lawyer is handling the matter. An FLA claim must be specifically included in the litigation. Family members should confirm with the lawyer handling the matter that their FLA claims are included in the Statement of Claim. See our complete guide to Ontario’s two-year limitation period.
For municipal claims, the 10-day written notice requirement under the Municipal Act, 2001 applies to the primary occupier’s liability claim. If the notice is not given properly, the primary claim may be prejudiced — which can in turn affect the viability of the FLA claims that depend on it. See our guide on suing a municipality after a slip and fall in Ontario.
Common Mistakes Families Make
| Mistake | Why It Damages the Claim | What to Do Instead |
|---|---|---|
| Assuming only spouses can claim | Children, parents, grandparents, and siblings all have independent FLA claims — failing to include them forfeits recoverable compensation | Identify all eligible family members at the outset and include each of their claims in the Statement of Claim |
| Waiting until the injured person’s case is well advanced | The two-year limitation period applies to FLA claims independently — waiting can result in statute-barred claims | Confirm that FLA claims for all eligible family members are included in the lawsuit from the beginning |
| Throwing away receipts and expense records | Out-of-pocket expenses without documentation are very difficult to recover — courts require evidence of the specific amounts | Keep every receipt from the date of the accident — travel, parking, accommodation, and all expenses related to the injury |
| Not documenting the relationship before and after | Loss of care, guidance, and companionship damages depend on evidence of what the relationship was and how it has changed — without documentation, the claim is based on unspecific assertions | Keep a journal of the changes in family life since the accident; preserve photographs and communications that show the pre-injury relationship |
| Assuming common-law status qualifies automatically | Common-law partners must meet the statutory threshold — 3 years of cohabitation or a relationship of some permanence with a child together | Confirm whether the common-law relationship meets the FLA definition before relying on spousal eligibility |
| Accepting an early settlement that does not address FLA claims | A settlement that includes a full release may extinguish FLA claims that were not separately valued or negotiated | Do not sign any release until all FLA claims have been specifically identified, valued, and addressed in the settlement. See our guide on whether to accept a settlement offer in Ontario |
Key Takeaways:
- Family Law Act claims are independent — family members have their own legal right to compensation separate from the injured person’s lawsuit
- Eligible family members include spouses (married and qualifying common-law), children, grandchildren, parents, grandparents, and siblings
- FLA damages include loss of care, guidance, and companionship; financial dependency; household services; and out-of-pocket expenses
- For court awards made in 2026, a separate FLA deductible of $23,956.52 per claimant may apply to qualifying MVC loss-of-guidance, care, and companionship awards; it does not apply where that claimant’s assessed award exceeds $79,853.70
- The two-year limitation period applies to FLA claims — family members should not assume their claims are protected without confirming they are included in the litigation
- Document the relationship, keep all receipts, and seek legal advice promptly
Frequently Asked Questions
Who can make a Family Law Act claim in Ontario?
Under section 61(1) of the Family Law Act, RSO 1990, eligible family members are: a spouse (married or qualifying common-law), a child, a grandchild, a parent, a grandparent, and a brother or sister of the injured or deceased person. All eligible family members may claim for loss of care, guidance, and companionship. Additional damages (financial dependency, household services, out-of-pocket expenses) depend on the relationship and the specific facts. A common-law partner qualifies as a spouse only if they have cohabited continuously for at least three years, or are in a relationship of some permanence and have a child with the injured person.
Can a Family Law Act claim be made if the injured person is still alive?
Yes. An FLA claim does not require the injured person to have died. The Act entitles eligible family members to claim whenever a person is injured through another’s fault — serious permanent injury that materially diminishes the family relationship is sufficient. A catastrophic brain injury, paraplegia, or any serious permanent impairment that changes the injured person’s ability to participate in family life can give rise to FLA claims while the injured person is alive and pursuing their own lawsuit simultaneously.
Is a Family Law Act claim separate from the injured person’s lawsuit?
Yes — completely. The FLA claim is the family member’s own legal claim for their own losses. It does not reduce or substitute for the injured person’s own damages for pain and suffering, income loss, and medical expenses. Both claims proceed together in the same litigation, are typically pursued by the same law firm, and are included in the same Statement of Claim. They are separate causes of action that settle or are adjudicated together but recover compensation for distinctly different losses.
What is loss of care, guidance, and companionship?
Loss of care, guidance, and companionship is the central FLA head of damage. It compensates for the diminishment or loss of the injured person’s presence, emotional support, guidance, and companionship in the family member’s life. It is assessed based on the nature and closeness of the pre-injury relationship, how the injury has changed that relationship, and how long the deprivation is expected to last. Awards typically range from $10,000 to over $100,000 per family member, with children who lose an actively involved parent consistently attracting higher amounts.
Can both a spouse and children claim at the same time?
Yes. Each eligible family member has their own independent FLA claim. A spouse’s claim, each child’s claim, and even parents’ or siblings’ claims all exist simultaneously and can all be pursued in the same litigation. Each family member’s claim is assessed individually based on their specific relationship with the injured person and the impact of the injury on that relationship. Multiple FLA claims do not compete with or reduce each other.
Can common-law partners make a Family Law Act claim in Ontario?
Yes, if they meet the eligibility threshold. Under the FLA, a common-law partner is a “spouse” if they have cohabited continuously with the injured person for at least three years immediately before the injury, or if they are in a relationship of some permanence and have a child together with the injured person. A partner of two years who does not share a child with the injured person does not meet this threshold and would not have a spousal FLA claim. If eligibility is uncertain, legal advice should be obtained promptly — waiting can result in a time-barred claim.
Do I need separate legal representation for an FLA claim?
Not always. In most cases, the same lawyer or law firm represents both the injured person and their eligible family members, and both claims are included in the same lawsuit. This is practical and economical. However, where the interests of the injured person and the family members might differ — for example, in the allocation of a global settlement — separate representation may be warranted. A lawyer acting for both the injured person and the family members should identify and address any potential conflict at the outset.
How is loss of care, guidance, and companionship calculated?
There is no precise formula. Courts assess the award based on: the nature and closeness of the relationship before the injury; the specific ways the injury has changed that relationship; the age of the claimant and the injured person; the expected duration of the deprivation; and evidence of the concrete impact on the family member’s life. Comparable prior decisions in Ontario guide the range. A child who loses active parental involvement from a young age, over what may be decades, consistently attracts higher awards than adult family members with more independent relationships. Strong evidence — journals, photographs, witness testimony, expert reports — drives higher awards.
What expenses should family members keep receipts for?
Keep receipts for every expense that would not have been incurred but for the injury: travel to and from hospitals, rehabilitation centres, and medical appointments; parking at those locations; accommodation near treatment centers during prolonged hospitalization; meals during hospitalization; modifications to the family home to accommodate the injured person; therapeutic activities or equipment; and any other costs directly related to the accident and its aftermath. The failure to document expenses is the most common reason out-of-pocket expense claims are reduced. Start keeping records from the day of the accident.
What if the injured person’s liability claim fails?
An FLA claim depends on the injured person having a valid tort claim against the defendant. If the injured person fails to establish liability — or if their claim is statute-barred — the FLA claims of family members typically fail with it. However, if the injured person’s claim fails for personal reasons (such as a finding that the injured person was 100% at fault), the FLA claims of family members are also extinguished. This is why the strength of the underlying liability case directly affects the value and viability of every FLA claim.
Can an FLA claim settle separately from the injured person’s claim?
In principle, yes — FLA claims are legally separate and can be negotiated and settled separately. In practice, they are almost always settled at the same time as part of a global settlement of the entire file. Where family members and the injured person are separately represented, their claims may be separately valued and separately released. Any settlement release signed by a family member should specifically address and release their FLA claims — a general release signed by the injured person does not automatically release the family members’ independent FLA claims.
What is the limitation period for a Family Law Act claim in Ontario?
The general limitation period is two years from the date the claim was discovered — typically the date of the accident. This period applies to FLA claims independently. A family member who does not confirm that their FLA claim is included in a Statement of Claim within two years of the accident may find their claim statute-barred even if the injured person’s claim is still active. Seek legal advice promptly. For a complete discussion of Ontario’s limitation period, see our guide to Ontario’s two-year limitation period.
Does the MVC deductible apply to FLA claims?
Yes — in motor vehicle accident claims specifically. For court awards made in 2026, the FLA deductible in qualifying MVC claims is $23,956.52 per claimant. It applies separately to each family member’s non-pecuniary award for loss of guidance, care, and companionship. If an assessed award is $23,956.52 or less, the deductible can reduce that component to zero. If the assessed award exceeds $79,853.70, the deductible does not apply. These figures are indexed annually. The MVC FLA deductible does not apply to slip and fall, medical negligence, product liability, or other non-MVC claims — in those cases, the full assessed FLA award is payable.
