Damages in Fatality Claim
The case of Campeau v. Ontario, 2021 ONSC 129, involved a motion for default judgment against the Province of Ontario. A worker was severely injured during the course of his employment and died approximately 90 minutes after the accident in question. The claim was advanced against Ontario by his wife, two children, and his estate.
Justice Gordon reviewed the case law on damages awarded to a spouse for the loss of guidance, care and companionship and indicated that such damages normally fall into a range of $70,000 to $120,000. Justice Gordon awarded the deceased’s spouse $100,000 in light of the significant impact the death had on her.
Justice Gordon indicated that damages for loss of guidance, care and companionship awarded to children for the death of a parent fall into a range of $40,000 to $80,000. Justice Gordon awarded one child who was still living at home $60,000. He awarded another child who had assumed a level of independence and moved away from the home $45,000.
The estate was awarded $40,000. Justice Gordon indicated that the deceased would have endured significant and perhaps even excruciating pain and suffering following the accident.
In addition, damages of close to $1.7 million were awarded for loss of services and economic loss.