Does Canada recognize loss of consortium?
Canada abolished the old common-law action for loss of consortium. Instead, family members claim loss of guidance, care and companionship under provincial Family Law Acts. Ontario FLA section 61 lets a spouse, children, parents, grandparents and siblings recover for the loss of an injured or deceased relative's guidance, care and companionship.
How much can a spouse claim for loss of companionship in Ontario?
Judicial awards for spousal loss of care and companionship typically range from $25,000 to $75,000, with higher awards in catastrophic cases. Rare exceptional cases have exceeded $100,000. Amounts are guided by comparable case law, not a fixed formula.
Can children claim loss of a parent's guidance?
Yes. Under the Family Law Act, children can claim for the loss of a parent's guidance and care where the parent is seriously injured or killed. Awards commonly range from $25,000 to $100,000 per child depending on age, dependency, and the severity of the parent's impairment.
Is there a cap on FLA companionship claims?
There is no fixed statutory cap, but courts award these non-pecuniary claims within a conventional range established by precedent. Awards well above $100,000 per claimant are exceptional and require severe, permanent impairment or death.