In Ontario your right to recover an award in damages through a conventional law suit is subject to various limits. Before anyone can successfully sue for non pecuniary damages, a person must prove that their injury or injuries meet a certain 'threshold' of severity as set out in the Insurance Act of Ontario.17 This can only be done if the person can show that one of two types of injury has been sustained:
- a permanent serious disfigurement or
- a permanent serious impairment of an important physical, mental or psychological function;
If it is proved that a person's injury meets the threshold, in some cases there is a $30,000 deductible from the amount of non-pecuniary damages the injured person would otherwise receive and sometimes there is not. There is a $30,000 deductible in a case where a person's injuries meet the threshold, but the person's non-pecuniary general damages for pain and suffering and loss of enjoyment of life are assessed at less than $100,000. There is no deductible from an injured person's non-pecuniary general damages for pain and suffering and loss of enjoyment of life if these damages are assessed at $100,000 or more.
The threshold and the deductible mean that cases involving minor injuries cannot successfully be prosecuted in a legal action, and should not be pursued. In addition to applications for accident benefits, our firm specializes in legal actions based in 'tort' and 'negligence', and can advise you as to whether it is feasible to begin an action in court for damages.
- INTRODUCTION
- WHAT TYPES OF AWARD CAN WE SUE FOR?
- THRESHOLDS AND DEDUCTIBLES
- LOSS OF INCOME
- TIMEFRAME FOR BEGINNING LEGAL ACTION
- THE COURT PROCESS AND SETTLEMENT
