In Ontario, the statutory deductible for non-pecuniary damages in motor vehicle accident claims is determined based on the date of settlement or the date a judgment is entered, not the date of the accident. This means that if your case goes to trial or settles in 2025, the 2025 deductible amounts will apply, regardless of when the accident occurred.

As of January 1, 2025, the statutory deductible for general damages (pain and suffering) is $46,790.05. This deductible applies to awards below the monetary threshold of $155,965.54. If your awarded damages exceed this threshold, the deductible does not apply.

Similarly, for claims under the Family Law Act for loss of guidance, care, and companionship, the 2025 deductible is $23,395.04, with a threshold of $77,982.13. Notably, if the claim involves a fatality, no deductible is applied.

It’s important to note that these deductibles are adjusted annually for inflation by the Financial Services Regulatory Authority of Ontario (FSRA).

Therefore, when pursuing a claim for non-pecuniary damages in Ontario, it’s essential to consider the deductible amounts and thresholds in effect at the time of settlement or trial, as they can significantly impact the compensation you receive.

Statutory Deductible: Accident Date or Judgment Date?