Ontario applies a statutory deductible to many court awards for non-pecuniary loss arising from automobile accidents. Non-pecuniary damages generally compensate for pain, suffering and loss of enjoyment of life rather than income or direct expenses.
FSRA’s 2026 guidance lists the deductible for non-pecuniary damages, other than Family Law Act claims, as $47,913.01. The deductible generally applies when the award is below the indexed monetary threshold of $159,708.71.
For certain Family Law Act claims, the 2026 deductible is $23,956.52, with a monetary threshold of $79,853.70.
If a qualifying pain-and-suffering award is below the threshold, the deductible is subtracted from that award. It is not a fee charged by the lawyer and it is not the same as an insurance-policy deductible. If the award exceeds the applicable threshold, the statutory deductible does not apply in the same way.
An automobile plaintiff seeking non-pecuniary damages must also satisfy Ontario’s statutory threshold requirements. The claimant generally must prove a permanent serious impairment of an important physical, mental or psychological function, or a permanent serious disfigurement, subject to the legislation and evidence.
A reported settlement or judgment may not reveal whether the figure was before or after the deductible, whether the threshold was disputed, whether income loss or health-care damages were included, or whether responsibility was shared. Case value cannot be calculated from the deductible alone.
FSRA publishes annual indexation guidance. A figure from an older Krylaw page, news article or court decision may not be the current figure for a 2026 case. Always check the year that applies.
For a broader explanation, read Krylaw’s Personal Injury FAQs.
This article provides general legal information as of September 2026 and is not legal advice. The deductible, threshold and damages calculation depend on the accident date, claim and evidence.
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