Family Shocked by Funeral Home’s Use of Father’s Obituary

Before pancreatic cancer took his life in April, John Rothwell made his final wishes clear: if people wanted to donate in his name, they should give to an educational fund that he and his family established.

Instead, family and friends unknowingly paid for a product that profits companies taking advantage of grief, according to his son.

“It’s really alarming,” Nathan Rothwell, 36, from Toronto told Go Public.

“My family felt taken advantage of. We were obviously in a pretty vulnerable situation; anyone who’s lost someone they love understands that.”

Rothwell was aware the obituary would be on the website of the Mackey Funeral Home in Lindsay, Ont., so he made sure it included a request for mourners to think about donating to the educational fund instead of sending flowers.

What no one informed the family about is that Frontrunner-a marketing company based in Kingston, Ont., which manages the funeral home’s website and many others across Canada-uses obituaries to sell what it refers to as “memorial” trees and other items.

In the months leading up to his death from pancreatic cancer, John Rothwell and his family spent hours carefully planning his final wishes and memorial. (Submitted by the Rothwell family)

The obituary had links that said “Plant a tree in memory of John Rothwell” which led to another website where mourners purchased products the family knew nothing about, says Nathan.

“Family and friends spent money out of their own pockets for what they thought were my dad’s wishes,” Nathan mentioned.

Although significantly more money was eventually donated to the educational fund, he feels the situation was “unsettling.”

Memorial ‘trees’ often just seedlings

Frontrunner charges $39.95 to plant a tree which Go Public found is typically just a seedling donated by external organizations and governments; these are planted by students or volunteers according to the Canadian Institute of Forestry (CIF), a non-profit group coordinating these plantings.

Frontrunner wouldn’t disclose how much it earns from those sales or how much it gives back to CIF. However, two non-profit tree-planting groups indicate that planting a seedling costs between 20 cents and $5.

After Nathan raised concerns and got legal help involved, Frontrunner removed one link for purchasing trees, doubled what mourners had paid for them, and donated over $2,000-more than they collected-to the educational fund.

However, they kept offering trees on the memorial page of the obituary until Go Public questioned why they were still selling them after complaints from the family. In an email response to Go Public, Frontrunner CEO Jules Green stated some links “inadvertently remained.”

Consumer lawyer Jeff Orenstein believes this shouldn’t have been allowed by the funeral home from the start.

“The family is trusting them with all these arrangements.. directing funds where they should go; I would think that’s integral in any agreement signed between families and funeral homes,” he told Go Public.

“This should really teach a lesson.. The funeral home needs to know what’s happening on their site; it’s concerning that they didn’t,” Orenstein added.

The family opted not to take legal action. Frontrunner claims it did nothing wrong.

The company explains its links are added as default features in obituaries; it’s each funeral home’s duty to inform them if mourners want those links removed.

David Brazeau of the Bereavement Authority of Ontario states that provincial regulators are looking into undisclosed sales linked with online obituaries. (Submitted by David Brazeau)

“Our all-in-one platform aims at easing burdens during tough times for families by providing personalized ways to honor their loved ones,” Green wrote.

A different email response from Linden Mackey-the owner of Mackey Funeral Home-claims this approach is “an industry standard” consumers expect.

This isn’t accurate according to David Brazeau who manages communications at Ontario’s Bereavement Authority (BAO), which regulates funeral services provincially. He asserts families must be clearly informed about such matters.

“It’s crucial that families understand what’s included in their contracts-especially regarding death notices-to avoid surprises like this since it’s unfair towards them,” he explained.

The BAO later warned both consumers and providers within funerals that failing to disclose advertising linked with an obituary is unethical as well as illegal under Ontario’s Funeral Burial and Cremation Services Act.

This act does not apply directly towards marketing companies.

No mention of tree ads in contract

The contract signed by Rothwells with Mackey Funeral Home details commissions received from other third-party businesses including an online florist but mentions nothing regarding using obituaries for selling trees.

Mackey acknowledges not having verbally disclosed Frontrunner’s links nor mentioning them within contracts-it also assures future contracts will clarify any commission-related sales moving forward.

WATCH | Family angry seeing ads on death notices:<img src="https://ontariochronicle. ca/wp-content/uploads/2026/06/1782263949_148_default. jpg" alt="" class="thumbnail" loading="lazy"/

Family angry seeing ads on death notices | Go PublicAn Ontario family’s outraged after discovering s sold without knowledge being placed on their father’s obituary-a matter against rules governing funeral services learned through CBC’s Go Public.

Mackey mentioned receiving an $85 commission over three months associated with purchases made via his site but lacks specific information regarding those earnings.

A portion of revenue generated from tree sales goes towards Canadian Institute Forestry-which receives what it calls “a nominal portion” related its involvement coordinating these plantings.” The CIF refused commenting further due its contractual agreements.”

The amount planted remains unclear too.”

‘Obituary piracy’

A federal court ruled back in 2019 against another company’s attempts profiting off obituaries/products illegally when Afterlife violated copyright laws.”

Differing from Frontrunner/Mackey who had permission posting said obits (but no ads), Afterlife copied/pasted contents without consent causing issues relating Raylene Manning-and her son’s passing discovered her crafted piece meant only honoring him misused generating profit once exposed prompting class-action lawsuits.

“I literally hit floor…it felt like someone kicked heart…so upset,” said Manning while recalling her anger upon discovery fueling investigations leading toward winning lawsuit totaling over 20 million based on copyright infringement labeled “obituary piracy”.Raylene Manning won class-action suit following Afterlife copying/pasting son’s obituary onto their site issuing sympathy products promoted instead.(Curtis Hicks/CBC)

That didn’t stop director Pascal Leclerc continuing selling memorials via another site called Echovita. com.”

Its FAQ section claims no copying occurs rather only publishing basic factual elements: names/dates/cities yet has attracted complaints lodged against Quebec office regarding inaccurate content creating confusion/misleading users.

In email sent responding inquiries issued Leclerc indicated all matters dealt diligently/timely alongside necessary adjustments implemented accordingly.”

As far situations similar experienced years characterized misusing information/profits derived around obits BAO wasn’t aware until publicizing brought attention towards problem along limited official complaints stemming consumer feedback due circumstantial occurrences sometimes falling outside jurisdiction regulated environments whose legislation misses addressing specifics tied within web-based postings.

For instance Alberta/Saskatchewan regulators acknowledged recognizing ongoing concerns although current service legislations didn’t cover anything surrounding online contexts nor extended authority beyond borders encompassing external operations affiliated independently carrying out activities themselves…

Nathan Rothwell remains uncertain regarding solution existence but emphasizes Canadians ought understanding realities faced protecting themselves adequately…

“When this issue arose I certainly reflected thoughts regarding my father’s response level midst incident.” He wouldn’t let things slide-I resolved pursuing actions taken henceforth ensuring shielding others preventing experiences occurring down line subsequently  

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