Wrongful Death Lawyers in Ontario
Losing someone you love because another person was careless is a grief no settlement can undo. Azimi Law and Naimark Law Firm are Ontario trial lawyers who help surviving families pursue the compensation the law allows — with the compassion the moment demands and the resolve the case requires.
When a Preventable Death Leaves a Family Behind
No legal claim can return the person you have lost, and we never pretend otherwise. What the law can do is hold the responsible party accountable and provide for the family left to carry on — for the children who lost a parent, the spouse who lost a partner, and the parents who outlived a child. We approach these cases with the care they deserve, handling the legal burden so your family can focus on grieving and healing.
Ontario does not have a standalone Wrongful Death Act. Instead, eligible family members bring their claim under section 61 of the Family Law Act, and the deceased person's estate may advance a separate claim under section 38 of the Trustee Act. These are technical, overlapping causes of action with strict deadlines and difficult valuation questions, and they are best entrusted to lawyers who handle them with both precision and sensitivity.
Before he began acting for families, Ryan Naimark spent roughly two decades on the other side of the table, defending insurance companies. He understands exactly how a fatal-injury claim is assessed, scrutinized, and resisted by an insurer — and he now turns that knowledge toward securing fair compensation for the people left behind. Working alongside Ben Azimi's courtroom advocacy, that perspective shapes how we prepare every file.
Fatal incidents arise in many ways: a fatal car, truck, or motorcycle crash; a missed or mishandled diagnosis; an unsafe workplace or worksite controlled by a third party; or a dangerous, defective product. The cause determines who can be held liable and which legal framework applies, but the family's need for answers and accountability is the same. We are ready to investigate thoroughly and, where necessary, to take the case to trial.
No Win. No Fee. Our legal fees are a percentage of what we recover. The firm funds the disbursements needed to build your case. If there is no recovery, you owe nothing for legal fees.
Types of Wrongful Death Cases We Handle
Fatal-injury claims take many forms. The circumstances of the death determine who is liable, which insurer or party must answer, and how the loss must be proven.
Fatal Motor Vehicle Crashes
Deaths caused by careless, distracted, impaired, or speeding drivers — in cars, trucks, and motorcycle collisions. These claims involve both the at-fault driver's insurer and the accident benefits framework, and surviving family members may claim under the Family Law Act.
Pedestrian & Cyclist Fatalities
A person on foot or on a bicycle struck and killed by a motor vehicle leaves a family with a claim against the driver responsible. We assemble the scene evidence and police records needed to establish fault clearly.
Medical Negligence Deaths
When a death follows a surgical error, a missed or delayed diagnosis, a medication mistake, or substandard care, the family may have a claim. These cases require expert evidence proving the care fell below the accepted standard and caused the death.
Workplace & Worksite Deaths
Fatal incidents on a worksite may give rise to a claim against a negligent third party who is not the deceased's own employer — a contractor, property owner, or equipment supplier whose carelessness contributed to the death.
Defective Product Deaths
A dangerous or defective product can cause a fatal injury. In Canada, a claim must prove negligence by the manufacturer, distributor, or retailer — a manufacturing defect, a design defect, or a failure to warn — rather than relying on US-style strict liability.
Estate & Dependant Claims
We advance both the Family Law Act claim for the surviving family and the Trustee Act claim brought by the estate, coordinating the two so that nothing the law permits is left unclaimed.
Compensation Available in a Wrongful Death Claim
Ontario law recognizes that a death imposes both deeply personal and concrete financial losses on a family. We pursue every category the Family Law Act and Trustee Act allow.
Loss of Guidance, Care & Companionship
The Family Law Act compensates eligible family members for the loss of the love, guidance, and companionship the deceased provided. This recognizes the irreplaceable role the person held in the lives of those who loved them.
Loss of Financial Support
Where the deceased contributed income or support to the household, surviving dependants can claim for the financial support they would have received over time, often a significant component of the claim.
Loss of Household Services
The value of the services the deceased provided — childcare, home maintenance, cooking, and the countless tasks of running a household — can be recovered as a measurable loss to the family.
Funeral & Related Expenses
Reasonable funeral, burial, and related expenses incurred by the family as a result of the death are recoverable, easing one of the immediate financial burdens of loss.
Estate Claims (Trustee Act)
Under section 38 of the Trustee Act, the estate may pursue losses the deceased could have claimed had they survived, such as expenses and losses sustained before death.
Eligible Family Members
The Family Law Act allows claims by a spouse, children, grandchildren, parents, grandparents, and siblings of the deceased — a broad circle reflecting the many relationships a death affects.
The Legal Process & Critical Deadlines
A wrongful death claim is a careful, evidence-driven process. Acting early protects the family's rights and preserves the evidence needed to prove the loss.
Reach Out & Let Us Carry the Burden
The first conversation costs nothing. We explain who may claim, what the law allows, and the steps ahead — at the pace your family needs, with no pressure and no obligation.
Identify Eligible Claimants
We determine which family members qualify under the Family Law Act and confirm whether an estate claim should proceed under the Trustee Act, ensuring every available avenue is considered.
Investigate & Preserve Evidence
We secure police reports, medical records, scene evidence, the product or equipment involved, and expert opinions while the evidence is still available and reliable.
Value the Loss
With economic and other experts, we quantify the financial support, services, and personal losses the family has suffered, building a claim grounded in evidence.
Negotiate Fairly — or Go to Trial
We pursue a fair resolution, but prepare every file for court. Insurers and defendants respond more reasonably when they know we are ready to litigate.
Two-year limitation. Most claims in Ontario must be commenced within two years under the Limitations Act, 2002, and earlier notice deadlines can apply depending on how the death occurred — for example, claims involving a municipality or certain insurers carry much shorter notice requirements. In a fatal auto case, a statutory deductible currently applies to the family's claim for loss of guidance, care, and companionship — in 2026 that deductible is $23,956.52 and does not apply where the award is $79,853.70 or more. Call before a deadline limits what your family can recover.
Why Grieving Families Choose Azimi Law & Naimark Law Firm
We Know How Insurers Value a Loss
Ryan Naimark spent 20 years defending insurance companies. That insider understanding now informs how we present, support, and press a family's claim for the compensation it deserves.
We Are Trial Lawyers
We prepare each case as though it will be decided by a judge or jury. That readiness is what moves defendants away from inadequate offers.
Two Firms, Combined Depth
Azimi Law and Naimark Law Firm join forces so your family's file has the resources and bench strength of two established Ontario trial practices.
Compassion & No Win, No Fee
We handle these cases with dignity and patience. You pay nothing up front and no legal fees unless we recover for your family.
Frequently Asked Questions
Does Ontario have a Wrongful Death Act?+
No. Ontario does not have a separate statute by that name. Surviving family members bring their claim under section 61 of the Family Law Act, and the deceased's estate may bring a separate claim under section 38 of the Trustee Act. Although there is no single "wrongful death" law, the combination of these provisions allows a family to recover for both personal and financial losses caused by a negligent death.
Who is allowed to make a wrongful death claim?+
Under the Family Law Act, a spouse, children, grandchildren, parents, grandparents, and siblings of the person who died may be eligible to claim. The estate itself may also have a claim under the Trustee Act. We review your family's circumstances to identify everyone who qualifies and to coordinate the claims so they are advanced together.
What kinds of losses can a family recover?+
Eligible family members can claim for the loss of the deceased's guidance, care, and companionship, for the loss of financial support the person provided, and for the loss of household services such as childcare and home maintenance. Reasonable funeral and related expenses are also recoverable. The estate may claim certain losses the deceased could have pursued had they survived.
The death happened in a car accident — is anything different?+
Yes. In a fatal motor vehicle case, a statutory deductible currently applies to the Family Law Act claim for loss of guidance, care, and companionship. In 2026 that deductible is $23,956.52, and it does not apply where the award reaches $79,853.70 or more. These figures are indexed every January. We account for the deductible when we value and present the claim.
How long do we have to start a claim?+
The general limitation period in Ontario is two years from the date the claim is discovered, under the Limitations Act, 2002. Depending on how the death occurred, earlier notice deadlines may also apply — for instance, claims involving a municipality can require written notice within a very short window. Because these deadlines are unforgiving, it is best to speak with us as soon as you are able.
We are not sure the death was anyone's fault. Should we still call?+
Yes. Whether a death was caused by negligence is often not obvious to the family, especially in medical cases where the cause of death is technical. A free consultation lets us review the circumstances and advise whether there is a basis for a claim. There is no obligation, and we investigate before reaching any conclusion.
Will we have to go to court?+
Many wrongful death claims resolve through negotiation, and we always work toward a fair settlement that spares the family the strain of a trial. At the same time, we prepare every case as though it will be tried. That preparation gives us leverage and gives your family the option of a trial if the other side will not be reasonable.
What will it cost our family to hire you?+
Nothing up front. We act on a contingency fee basis, meaning our legal fee is a percentage of what we recover, and the firm funds the disbursements needed to advance the case. If there is no recovery, you owe no legal fees. We explain the agreement in plain language before you sign anything.
Lost a Loved One to Someone Else's Negligence? We Can Help.
Free consultation. No obligation. No win, no fee. Available 24 / 7 / 365.