Statement of Claim (Motor Vehicle Accident, City Owned Vehicle, Pedestrian, Fatality, Family Law Act Claims) (ON)

Summary

This precedent is a statement of claim in which the Plaintiffs (pedestrians) were involved in a fatal accident involving a city owned vehicle in Ontario. This precedent includes practical guidance and drafting notes. The precedent sets out the particulars of the claim, including pecuniary and non-pecuniary damages, pre and post-judgment interest, and other costs and relief. It also contains the particulars of the Plaintiffs and the Defendants, the allegations of negligence on the part of the Defendants and the specifics of the damages being sought. In Ontario, the estate of a deceased person cannot claim for losses that the deceased suffered as a result of being killed due to someone else's negligence. However, the deceased person's spouse, children, grandchildren, parents, grandparents, and siblings may claim damages under s. 61 of the Family Law Act, R.S.O. 1990, c. F.3. The right to recover damages is subject to a reduction to the extent that the death was caused by the contributory...