What If Impaired Drivers Had to Support the Victims’ Children? Ontario Moves to Find Out

November 19, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Ontario’s proposed policy to require impaired drivers to pay ongoing child support to the families of victims has put a spotlight on how accountability for impaired driving could evolve in our province. The government’s recent discussion centers on easing the burden for families left behind after devastating crashes, and it points to Texas’ 2023 approach as a model for consideration. Ontario Attorney General Doug Downey underscored the aim to find “practical solutions” that support children who lose a parent or guardian, while MADD Canada praised the step as a meaningful way to acknowledge the lasting impact of these tragedies.

What this proposal could mean in Ontario law

At its core, the idea is to impose a continuing financial obligation on a driver who is impaired and causes a fatal crash, extending support to the victim’s children beyond immediate compensation. Texas enacted a similar policy in 2023, requiring a driver convicted of intoxication manslaughter to pay child support until a child turns 18 or completes high school. Ontario officials say they will explore this and other examples as they consider how to implement measures that provide financial stability for families affected by impaired driving.

It’s important to recognize that, as of now, this remains a policy proposal, not law. Ontario’s legislation process will determine whether such a requirement is adopted, how it would be structured, and what enforcement mechanisms would apply. If enacted, it would sit alongside, but independently of, the existing civil remedies available to car crash victims, including personal injury and wrongful death claims for damages such as medical costs, loss of income, and pain and suffering.

Implications for plaintiffs, defendants, and families

• Civil liability vs. child-support obligations: Personal injury and wrongful death claims in Ontario allow families to seek damages from the at-fault party for financial and non-financial losses. A court could award damages based on the specifics of the crash, the victims’ needs, and the family’s circumstances. If the new policy becomes law, it could create a separate, ongoing obligation for the impaired driver, payable to the child or guardian. The interaction between a damages award and any child-support obligation would require careful legal navigation.
• Enforcement: Any new child-support-like obligation would raise questions about enforcement—whether through Family Responsibility Office processes, court orders, or other mechanisms—especially for families dealing with grieving and ongoing financial uncertainty.
• Cross-border and practical considerations: The policy would need to address how it interacts with existing family-law and child-support frameworks, as well as potential cross-border issues if a non-resident or out-of-province driver is involved.
• Emotional and financial impact: The intent behind the proposal is clear: to provide ongoing financial stability for children who suffer the loss of a parent due to impaired driving, recognizing the broader emotional toll.

What victims and families should know right now

• Preservation of evidence: If you or a loved one is involved in a crash, document everything - police reports, medical records, repair bills, wage loss, and any expenses related to the crash. This information will be pivotal in pursuing the appropriate claims, whether under civil lawsuits or any future statutory schemes.
• Timely legal guidance matters: Consulting with an experienced personal injury lawyer early helps you understand your options for pursuing damages and how any new policy could affect your case.
• Don’t settle too quickly: Be cautious about signing any releases or settlements before you’ve consulted with a personal injury lawyer and fully evaluated both immediate damages and potential future claims, including any evolving statutory measures.
• Ongoing support: Beyond compensation, families often need guidance on navigating financial planning, access to care, and other practical supports while the legal process unfolds.

Why contact our firm

If you or a family member has been injured or killed in a car crash, you deserve representation from an experienced and knowledgeable team that understands both Ontario’s current legal framework and common law. Our firm has a proven track record handling complex personal injury and wrongful death cases in Ontario. We provide compassionate, client-focused support and strategic advocacy to maximize compensation and accountability for victims and their families.

We offer:

• A free, no-obligation initial consultation to discuss your case and the potential impact of any proposed laws.
• Experienced Ontario personal injury lawyers who are well-versed in both civil claims and evolving policy discussions around impaired driving.
• Transparent, contingency-based fee arrangements with no upfront legal fees in most personal injury matters.

If you or a loved one has been affected by an impaired driving incident, or if you want to understand how Ontario’s evolving policy could affect your case, contact one of our highly experienced personal injury lawyers today. We can review the facts, explain your rights under current law, and outline practical next steps to pursue compensation and accountability. And as Attorney General Downey and MADD Canada have emphasized, no child should bear the weight of losing a parent to impaired driving, and we are here to help families navigate the road ahead with clarity and care.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.