YOU CARED FOR MOM OR DAD – CAN YOU BE PAID FOR IT? WHAT ONTARIO FAMILIES NEED TO KNOW ABOUT CAREGIVING COMPENSATION
Caring for an aging parent, grandparent, or sibling can be emotionally and financially exhausting. For many people, it means rearranging their lives: attending appointments, managing medications, coordinating care, giving up personal time, or even moving in to help.
It is often difficult, deeply personal work, and unfortunately, frequently unpaid.
After a loved one passes away, many caregivers wonder: can I be compensated for everything I did?
The answer is: sometimes. But Ontario courts have made it clear that caregiving compensation is not automatic, and successful claims are often smaller than families expect.
There is currently no statute or regulation that prescribes a formula for calculating caregiving compensation. This issue has been addressed extensively by the courts, however.
Here is what Ontario courts actually look at, and what caregivers should know.
Not All Caregiving Is Treated the Same
Courts are generally more willing to award compensation for care management and decision-making (e.g., as an attorney for personal care) than for hands-on caregiving performed by a family member.
This distinction matters. Many compensation claims fail because they blur the line between informal family caregiving and organized care management.
The Starting Point: Courts Presume Family Care Is Free
Ontario courts begin with a difficult assumption for many caregivers: adult children are generally expected to provide some level of care to aging parents without expecting payment.
As a result, compensation is usually limited to care that goes above and beyond ordinary family support.
What Courts Actually Consider
Ontario courts assess caregiving claims based on reasonableness. In Re Brown (1999), the court identified several key factors, including:
- the need for the services
- the nature of the care provided
- the caregiver’s qualifications for the role
- the value of the services
- how long the care was provided
But, most importantly, courts require evidence.
General statements about “helping every day” are not enough. Courts expect specific, verifiable details about what was done, how often, and over what period of time. This is why keeping detailed logs and records of your caregiving is so important.
Common Reasons Why Caregiving Compensation Claims Fail
The case law reveals several recurring issues that frequently reduce or defeat caregiving claims altogether:
(1) The Court Finds You Would Have Done It Anyway
In Childs v Childs, the court found that even though the daughter provided commendable care for her mom, she would have cared for her mother regardless of the possibility of payment. As such, her claim was reduced from a staggering $133,000 to just $25,000.
Courts look closely at whether the caregiver expected compensation at the time the care was provided, not only after the estate became disputed.
(2) You Lived Rent-Free or Received Other Benefits
Courts may treat free housing, meals, expense payments, or other financial support as compensation already received.
In both Sasso v Sasso and Ventura v Ventura, the court held that living rent-free effectively compensated the caregiver.
(3) Care Was Shared
Where siblings, PSWs, or other family members also helped provide care, courts are often reluctant to compensate only one person, especially where others are not seeking payment.
(4) Documentation Is Weak
Poor record-keeping is one of the biggest reasons claims fail.
In Sasso, for example, a claim of nearly $200,000 was rejected largely because the caregiver kept no meaningful records and provided very little evidence about the services performed.
The Most Important Practical Lesson: Keep Records
If there is one clear takeaway from the case law, it is this: Documentation matters.
Courts cannot compensate work they cannot measure, and detailed evidence can make an enormous difference. For example, in Re Daniel Estate, the caregivers did not keep formal timesheets, but they provided detailed affidavits and obtained a professional cost-of-care assessment. That evidence helped support the claim.
Caregivers who may later seek compensation should keep:
- calendars or logs of appointments
- notes of time spent caregiving
- records of care coordination
- emails with healthcare providers
- receipts and supporting documents
If you are currently providing care or believe you may have a claim relating to care already provided, speaking with an estates lawyer early can help you understand your rights and protect your position.
Fara Seddigh
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.