There is no single amount that every injured person can receive for pain and suffering in Ontario. Non-pecuniary damages are assessed using the nature of the injury, its permanence, the effect on daily life, comparable court decisions and the credibility of the evidence.
The Supreme Court of Canada established an upper limit for non-pecuniary damages in catastrophic personal injury cases. That judicial cap is adjusted over time for inflation. Because the current adjusted figure changes and very few injuries justify the upper limit, it should not be used as an estimate for an ordinary claim.
Courts compare the claimant’s injuries and losses with previous decisions involving similar circumstances. A severe permanent brain or spinal injury is assessed differently from a fracture that heals or a soft-tissue injury with a good prognosis.
For automobile cases, the claimant may need to meet a statutory threshold before receiving pain-and-suffering damages. In 2026, a deductible of $47,913.01 generally applies unless the relevant non-pecuniary damages exceed the indexed threshold of $159,708.71. The deductible is subtracted from the award; it is not the same as the upper limit.
A claim may also include income loss, health-care costs, care needs, housekeeping loss and other expenses. Those economic damages are calculated separately and are not part of the judicial pain-and-suffering cap.
No lawyer can guarantee a result from a brief description. A responsible assessment requires the medical record, functional evidence, liability analysis and applicable insurance rules.
Read Krylaw’s Personal Injury FAQs for more information about damages and the statutory deductible.
An Ontario automobile claim requires more than estimating how much an injury is worth. First, consider the statutory threshold for pain-and-suffering damages. Next, determine whether a deductible applies. Finally, assess the evidence supporting the amount. The deductible threshold and the judicial upper limit for non-pecuniary damages are different rules.
For 2026, FSRA lists an ordinary automobile non-pecuniary deductible of $47,913.01 and a monetary threshold of $159,708.71. Under the statutory scheme, the ordinary deductible does not apply when the relevant damages exceed that monetary threshold. Exceptions and other deductions still require an individual assessment; an online calculation is not a settlement prediction.
Sources: Ontario Insurance Act, including sections 148 and 267.5 · FSRA: 2026 automobile insurance indexation amounts
Useful preparation includes a timeline of treatment, work restrictions, disrupted activities and assistance needed at home. Be specific about what changed, how often difficulties occur and whether function has improved. Keep receipts and income records separately so financial losses are not confused with pain and suffering. A complete record helps a lawyer identify missing evidence and distinguish temporary symptoms from longer-term limitations.
General information for Ontario readers, prepared October 1, 2026. This is not legal advice. The facts, policy wording and applicable deadlines must be reviewed for an individual claim. Contacting the firm does not by itself create a lawyer-client relationship.
No Comments »