Article provided by Orendorff and Associates, Sudbury's Own Personal Injury Lawyers
If you are hurt in a car crash in Ontario and you are not at fault, you may be able to make a claim for pain and suffering. This type of claim is designed to compensate you for how the injury affects your daily life and well-being.
In 2025, government regulations changed the rules for these claims—reducing how much money injured people can actually receive.
The Deductible: $46,790.05
The law requires that the first $46,790.05 be taken away from most awards for pain and suffering. This is called the statutory deductible.
Example: If a judge awards $70,000, you actually receive about $23,200 after the deductible is applied.
If the award is smaller than the deductible, no money is paid for pain and suffering.
This rule applies only to motor vehicle collisions.
The Vanishing Point: $155,965.54
In 2025, the deductible does not apply once an award is greater than $155,965.54. This is sometimes called the vanishing point.
If your award is above that number, you keep the full amount. If it is below, the deductible is taken off.
How These Numbers Have Changed
Both the deductible and the vanishing point increase every year with inflation.
|
Year |
| Deductible | |
Vanishing Point |
|
2020 |
| $39,556.53 | |
$131,854.01 |
|
2021 |
| $39,754.31 | |
$132,513.28 |
|
2022 |
| $41,503.50 | |
$138,343.86 |
|
2023 |
| $44,367.24 | |
$147,889.59 |
|
2024 |
| $46,053.20 | |
$153,509.39 |
|
2025 |
| $46,790.05 | |
$155,965.54 |
In five years, the deductible has grown by more than $7,000, and the vanishing point by over $24,000. This means fewer people keep the full value of their award.
The Threshold Test
Before you can recover any pain and suffering damages, you must pass the threshold test. Your injury must be either:
- A permanent serious disfigurement, such as a significant scar, or
- A permanent serious impairment of an important physical, mental, or psychological function.
In plain terms, the injury must last and seriously interfere with your daily life, work, or self-care. Judges decide whether this test is met.
The Maximum for General Damages
Canada also has a national limit on pain and suffering damages. The Supreme Court of Canada set this limit in 1978. Adjusted for inflation, the most anyone can receive for pain and suffering damages in 2025 is about $469,500. Only the most catastrophic injuries reach this level.
Why This Matters in Sudbury
Winter ice, snow, and poor visibility mean more collisions here than in many other communities.
Rural crashes can be severe, but many cases still fall below the vanishing point.
The deductible and threshold rules mean that people often recover less than they expect.
What You Should Do
- Get medical help right away. A clear medical record shows the seriousness of your injury.
- Write down how your injury affects your life. This helps meet the threshold test.
- Speak to a personal injury lawyer early. Understanding the rules protects your rights and helps you make informed choices.
Final Word
The rising deductible and vanishing point make it harder for people injured in collisions to be fairly compensated. These rules are not about quick payouts—they are about ensuring serious injuries are properly recognized. Knowing your rights and getting timely advice can help protect your well-being and your family’s security.
At Orendorff and Associates, Sudbury’s Own Personal Injury Lawyers, we encourage residents to stay informed, report all injuries promptly, and seek legal advice if hurt in a crash.
Your rights don’t change—only the reporting threshold has.
Need guidance? Call us today – 705.673.1200. We’re here to help.