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Personal Injury FAQs

Ontario Legal Questions: Accidents, Disability, Dismissal and Property Loss

1. Who is at fault for an accident in Ontario?

For an automobile insurance claim, the insurer applies Ontario’s Fault Determination Rules to the collision facts. More than one driver can share responsibility. A police charge—or the absence of one—does not automatically settle the insurance assessment. A personal injury lawsuit involves a separate assessment of legal liability. Preserve photographs, witness details and available video, and ask the adjuster which rule supports the decision. Accident-benefit eligibility is a separate question from who caused the collision.

Read more on Krylaw’s website

Sources: FSRA: After an accident—understanding the claims process

2. Can I sue for pain and suffering in Ontario?

You may have a claim when another person’s legally actionable conduct caused your injury. Ontario motor vehicle cases have additional rules: claims for non-pecuniary loss generally require death, permanent serious disfigurement, or permanent serious impairment of an important physical, mental or psychological function. A statutory deductible may also reduce an award. These automobile rules should not be applied automatically to every other injury claim. Medical evidence and the effect on everyday functioning matter; the diagnosis alone does not establish entitlement or a settlement amount.

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Sources: Ontario Insurance Act, including sections 148 and 267.5 · FSRA: 2026 automobile insurance indexation amounts

3. How do I get accident benefits after an Ontario collision?

Notify the insurer that you intend to claim benefits within seven days of the accident, or as soon as possible if you cannot meet that period. Complete the OCF-1 application and return it within 30 days after receiving it. If late, submit it with an explanation rather than assuming your claim is lost. Keep a copy and confirmation of delivery. The available benefits depend on eligibility and the policy, including the coverage choices introduced on July 1, 2026.

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Sources: FSRA: 2026 OCF-1 application and instructions · FSRA: July 1, 2026 accident-benefit coverage changes

4. How do I apply for disability benefits in Ontario?

Start by identifying the program. For workplace or private short-term or long-term disability insurance, ask the employer or insurer for the policy and claim requirements. CPP disability is a separate federal application with age, contribution and disability requirements. ODSP is an Ontario income-support program with financial and disability eligibility rules. A diagnosis or approval under one program does not automatically establish eligibility under another. Record each deadline, obtain the required medical information and retain the decision letters.

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Sources: Financial Consumer Agency of Canada: Disability insurance · Service Canada: CPP disability eligibility · Ontario: ODSP eligibility for income support

5. Can I sue if my boss fired me?

Possibly, but being fired does not automatically mean the dismissal was wrongful. The review normally considers whether the employer provided the notice or compensation required by the applicable law and any enforceable employment contract. Allegations of misconduct, discrimination or retaliation can raise additional issues. Unionized and federally regulated employment may require a different process. Before signing a release or choosing a claim route, have the termination letter, employment agreement and proposed payment reviewed.

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Sources: Ontario: Termination of employment · Supreme Court of Canada: Honda Canada Inc. v. Keays, 2008 SCC 39, paragraphs 25–32

6. What am I entitled to after a wrongful dismissal?

The answer can include unpaid wages, vacation pay, statutory termination entitlements and, for qualifying employees, statutory severance pay. Additional contractual or common-law notice rights may apply. Reasonable notice is assessed individually using factors such as length of service, age, the nature of the work and the availability of comparable employment. There is no automatic ‘one month per year’ formula. Statutory severance and common-law notice are different concepts, and their amounts should not simply be added together without assessing the claim.

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Sources: Ontario: Termination of employment · Ontario: Severance pay · Supreme Court of Canada: Honda Canada Inc. v. Keays, 2008 SCC 39, paragraphs 25–32

7. What should I do after a property loss in Ontario?

Once it is safe, document the loss, notify the insurer promptly and keep a list of damaged or missing items. Save photographs, receipts, repair estimates and communications. Ask which policy coverage may respond and what documents and deadlines apply. A property loss does not automatically mean that every item or expense is insured. Home, tenant, condominium, business and automobile policies have different terms.

Sources: Insurance Bureau of Canada: How to file a home insurance claim · Financial Consumer Agency of Canada: Making an insurance claim

Read more about property damage and fire-loss claims

8. What am I entitled to for property damage?

Entitlement depends on the cause of the damage, the applicable policy and evidence of the loss. An insured claim may cover repair, replacement or an agreed cash payment, subject to limits, exclusions and a deductible. Actual cash value allows for depreciation; replacement-cost coverage has its own conditions. Additional living expenses may be covered when an insured loss makes a home uninhabitable. Ask for an itemized calculation rather than assuming the policy limit is the amount payable.

Sources: Financial Consumer Agency of Canada: Home insurance · Insurance Bureau of Canada: How to file a home insurance claim

Read more about property damage and fire-loss claims

9. How do fire-loss insurance claims work in Ontario?

Contact emergency services when needed and follow instructions about re-entering the property. Notify the insurer promptly, document fire, smoke and related damage when safe, and request the claim and proof-of-loss requirements. Coverage may include the building, belongings and additional living expenses, depending on the policy. Preserve damaged items for inspection unless they are hazardous, and confirm disposal arrangements with the insurer. If coverage or valuation is disputed, request written reasons and obtain advice about the available review process and deadlines.

Sources: Insurance Bureau of Canada: How to file a home insurance claim · Ontario Insurance Act, including sections 148 and 267.5 · FSRA: Insurance complaint process

Read more about property damage and fire-loss claims

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.

More personal injury questions

These plain-language answers cover common personal injury questions in Ontario. Every claim depends on its facts, the evidence, the date of the incident and the insurance policy involved.

Last reviewed: September 3, 2026. This page provides general legal information, not legal advice. Limitation and notice periods can be much shorter than two years, so get legal advice promptly.

Can I sue for a slip and fall?

You may have a claim if a property owner or occupier failed to take reasonable care to keep the premises reasonably safe and that failure caused your injury. Evidence such as photographs, video, witness information, incident reports, footwear and medical records can be important. If snow or ice caused the fall on private property, Ontario law generally requires written notice within 60 days. Claims involving a city can have an even shorter notice period. Learn more about slip and fall claims.

Can I sue after a car accident?

Possibly. An injured person may have an accident-benefits claim and, where another person was negligent, a tort claim for losses not fully covered by accident benefits. Ontario auto claims are subject to special rules, including an injury threshold and, for some damages, a statutory deductible. A general two-year limitation period often applies, but shorter notice periods may also apply. Learn more about motor vehicle accident claims.

Can I sue if I am not at fault?

If another person’s negligence caused your injury, you may be able to claim compensation, subject to the evidence, legal thresholds and time limits. If you were partly responsible, Ontario law can reduce damages in proportion to your share of fault rather than automatically preventing a claim.

What if I was injured on a TTC bus?

You may have a claim if the use or operation of the bus or another automobile directly caused your injury. Depending on what happened, there may be accident benefits, a negligence claim, or both. Report the incident immediately, obtain the operator or vehicle information, preserve your fare and trip records, identify witnesses and seek medical attention. Public-transit and municipal claims can involve special notice requirements, so act quickly.

What if I fell on someone else’s property—can I sue?

You may be able to sue if an unsafe condition caused your fall and the owner or occupier did not take reasonable care in the circumstances. The key questions include what created the hazard, how long it existed, what inspection and maintenance system was used, whether warnings were provided and whether your own actions contributed. Preserve evidence and give any required notice promptly.

What is a tort?

A tort is a civil wrong that causes harm or loss. In a personal injury case, a tort claim usually alleges that another person or organization acted negligently and seeks compensation for resulting losses. It is separate from a no-fault accident-benefits claim.

How do I know if I can sue for a car accident?

A lawyer will consider whether another person was negligent, whether that negligence caused your injuries, whether the evidence supports the claim and whether you are within the applicable deadlines. Ontario’s Insurance Act also limits some automobile claims for pain and suffering to injuries that meet the statutory threshold. Medical evidence and the effect of the injury on daily life and work are important.

How long do I have to sue in a slip and fall case against the city?

For many claims involving a municipal road or sidewalk, written notice generally must be given to the municipality within 10 days. There are limited exceptions, including death and some cases where there is a reasonable excuse and the municipality is not prejudiced. A two-year limitation period commonly applies to starting a lawsuit, but the 10-day notice issue should be handled immediately. Toronto claims are governed by the City of Toronto Act; other municipal claims are generally governed by the Municipal Act.

What is my car accident case worth?

No reliable value can be given from the type of collision alone. Important factors include fault, the diagnosis and prognosis, the duration of symptoms, income loss, treatment and care costs, future needs, the impact on daily life, insurance limits, available accident benefits and the automobile threshold and deductible. A fair assessment usually requires medical and financial evidence.

What is my case worth if I have soft-tissue injuries?

Soft-tissue claims vary widely. The diagnosis, consistency of treatment, duration of symptoms, objective and clinical findings, effect on work and daily activities and expected recovery all matter. Some accident-benefits claims may be treated under the Minor Injury Guideline, while a tort claim may face the statutory threshold and deductible. The label “soft tissue” does not by itself determine value.

What is the statutory deductible and how does it apply to my case?

In many Ontario automobile tort claims, a statutory deductible is subtracted from a court award for non-pecuniary damages such as pain and suffering. For 2026, FSRA lists the claimant deductible as $47,913.01. It does not apply when the qualifying award exceeds the 2026 monetary threshold of $159,708.71. Different amounts apply to Family Law Act claims, and the figures are indexed every year. The calculation depends on the accident and award.

What is the most I can get for pain and suffering in Ontario?

Canadian courts apply an upper limit to non-pecuniary damages for pain, suffering and loss of enjoyment of life, adjusted over time for inflation. The maximum is generally reserved for the most catastrophic cases. It does not cap every other kind of loss, such as income loss or future care costs. Automobile cases may also be affected by Ontario’s statutory threshold and deductible. The applicable figure should be confirmed for the date the claim is valued.

Official Ontario sources

For advice about your circumstances, contact Krylov Lam & Company or call 416-649-0000.