All About Estates

Ontario’s Rising Problem of Unclaimed Bodies

There have been a few news articles published in the past year highlighting a growing problem in Ontario – unclaimed bodies. According to a recent Toronto Star article, there were 1,183 unclaimed bodies in Ontario this year. A CBC article reporting on the same issue found that there has been a 170 percent increase in number of unclaimed bodies in Ontario since 2019.

The Ontario cities with the highest numbers of unclaimed bodies in 2023 are as follows:

– Toronto: 792
– Hamilton:  127
– London: 112
– Ottawa: 87

The same cities had the following numbers of unclaimed bodies in 2019:

– Toronto: 286
– Hamilton:  26
– London: 52
– Ottawa: 43

The search for a claimant

Typically, after someone has died the coroner’s office will search for a “claimant” for the body. A claimant is someone is willing to assume responsibility of disposing of the body and arranging for the deceased’s funeral. If a person dies with a will, this responsibility typically falls on the estate trustee. When there is no next of kin, anyone, including friends, co-workers, or agencies such as government ministries or places of worship, can claim the body.

Where a body is unclaimed, it does not necessarily mean that the deceased has no identifiable next-of-kin or that the deceased is a John or Jane Doe. Often, the next-of-kin are simply unable to assume the responsibility for arranging the funeral for myriad of reasons including distance, financial, or estrangement.

The Officer of the Chief Coroner takes an active role in the weeks long process of searching for next-of-kin where a person becomes unclaimed. In rare cases, for example where there are issues identifying an individual, bodies have sat in a morgue for more than a year before burial.

At the end of the search, if a claimant is not found it is up to the municipality to make burial arrangements for the deceased.

Burying the Unclaimed

In Ontario, municipalities are responsible for burying an unclaimed body, though the municipality may recoup funds from the deceased’s estate. The municipality can also recover funds from government programs such as the CPP death benefit.

Many cemeteries also subsidize unclaimed burials. However, the Toronto Star article mentions another issue arising from the rise in unclaimed bodies. There are now some cemeteries who will no longer look after unclaimed remains because it is too expensive and/or a cemetery plot is too valuable to give away to unclaimed remains.

Cremation, while less expensive, is rarely an alternative to the cost of a funeral because it is a practice not acceptable in all religions. There is also the risk that a family member later steps forward and wants to disinter the remains later, which is not possible with cremation.

Why is this happening?

Unfortunately, causes for the sudden, rapid increase in unclaimed bodies is not clear. However, the rise in funeral costs and an increasingly isolated senior population are likely culprits.

Regardless of the reason, the work of funeral homes, cemeteries, municipalities, those who search for next-of-kin, and everyone else involved in ensuring the unclaimed are properly cared for is admirable. Everyone deserves a proper sendoff.

 

About 
Elaine obtained her law degree from Osgoode Hall Law School. Elaine articled with the Office of the Public Guardian and Trustee and returned as counsel after she was called to the bar in June 2021. Elaine joined de VRIES LITIGATION LLP in June 2022. Elaine has represented clients in a wide range of proceedings including dependant’s relief claims, guardianship applications, trust claims, and other estates and trust issues. Elaine is a member of the Association des jurists d’expression française de l’Ontario and is fluent in French. More of Elaine's blogs can be found at https://devrieslitigation.com/author/eyu/

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