Understanding the Threshold for Pain and Suffering Claims in Ontario Car Accidents

If you’ve been injured in a motor vehicle accident in Ontario, you may have heard that not every injured person can sue for “pain and suffering.” That’s because Ontario’s Insurance Act sets a threshold — a legal test that determines who can recover non-pecuniary damages (for pain, suffering, and loss of enjoyment of life) in a civil lawsuit.

At Auger Hollingsworth Injury and Accident Lawyers, we help clients across Ontario navigate this complex system. The threshold is one of the most misunderstood parts of Ontario’s accident compensation regime. Here’s what it really means, how courts decide if you meet it, and what you can do to strengthen your claim.

The Two Thresholds: Verbal and Monetary

Ontario has both a verbal threshold and a monetary threshold.

The Verbal Threshold

Under section 267.5 of the Insurance Act and its regulation, a person can only recover damages for pain and suffering if they have suffered:

• Death,
• A permanent serious disfigurement, or
• A permanent serious impairment of an important physical, mental, or psychological function.

This is often called the “verbal threshold” because it’s described in words rather than a dollar amount. The purpose is to filter out minor or temporary injuries and reserve lawsuits for cases involving real, lasting impairment.

The Monetary Threshold (and Deductible)

Even if you meet the verbal threshold, the amount of your pain and suffering award may still be affected by the statutory deductible — a dollar amount that is subtracted from the award unless your damages exceed the monetary threshold.

As of 2025, the Financial Services Regulatory Authority (FSRA) has set these figures at:

• General damages deductible: $46,790.05 (applies unless the award exceeds $155,965.54)
• Family Law Act deductible: $23,395.04 (applies unless the award exceeds $77,982.13)

These numbers are adjusted each January 1 for inflation. That means the number goes up at the start of every new year.  The deductible does not apply to fatality cases.

The Plaintiff’s Obligation to Prove the Threshold

The burden of proof lies entirely on the plaintiff — the injured person. It is not enough to claim you are seriously hurt. You must prove, on a balance of probabilities, that your injuries meet the legal test of a permanent serious impairment of an important function.

At the end of a trial, the defence often brings a “threshold motion” asking the judge to find that the plaintiff’s injuries fall short. The judge’s decision is based on the quality of evidence, not on sympathy. The plaintiff must show credible, consistent medical and lay evidence demonstrating permanence, importance, and seriousness.

What “Permanent” Means

“Permanent” does not mean you will never have a good day or that the condition must last for life. It means there is no reasonable expectation of full recovery — that the impairment is expected to continue into the indefinite future despite appropriate treatment.

Even if symptoms fluctuate, an impairment can still be permanent if ongoing pain, stiffness, or psychological symptoms continue to interfere with normal activity. You can meet the permanency test even if you have returned to work or most daily routines, as long as lasting functional limitations remain.

Courts expect medical experts to explain why the impairment is expected to persist indefinitely. If doctors simply say “it might improve,” that’s not enough to defeat permanence; however, if they predict full recovery within a defined timeframe, permanence may not be established.

What “Important” Means

The “important function” requirement refers to the function that has been impaired, not the injury itself. A function is important if it plays a significant role in the person’s overall well-being or daily life. It need not be essential to survival, but it must matter in a meaningful way to how that person lives.

Important functions commonly include:

• The ability to work or pursue one’s chosen occupation
• Physical mobility, endurance, or coordination
• Concentration, memory, and emotional stability
• The ability to perform household tasks or self-care
• Participation in recreation, family life, or community roles

What’s “important” depends on the individual. The same injury may affect one person’s life far more profoundly than another’s. For example, a wrist injury might be trivial for a retiree but life-changing for a carpenter or dental hygienist.

What “Serious” Means

The term “serious” speaks to degree of interference. An impairment is serious if it substantially interferes with the person’s ability to perform their usual employment, training, or activities of daily living. Minor or short-lived restrictions don’t meet the test.

To be serious, the impact must be significant and persistent, not fleeting or superficial. The court considers factors like:

• Inability to work at pre-accident capacity or in one’s chosen career
• Need to give up recreational, social, or family activities
• Persistent pain or fatigue affecting reliability and stamina
• Loss of independence in daily self-care or household tasks
• Marked emotional or cognitive effects such as anxiety or poor concentration

The analysis is holistic — judges look at the total effect on the person’s life, not simply the medical diagnosis. It’s the functional impact, not the label, that matters most.

The Role of Evidence

Medical Evidence

To satisfy the threshold, medical evidence is indispensable. Courts expect expert or treating-physician opinions that link the injury to clear, measurable changes in function. Good medical evidence should:

• Describe the nature and extent of the impairment
• Explain how it affects work, household, and recreational life
• Set out the prognosis and why improvement is unlikely
• Relate the impairment directly to the collision
• Demonstrate consistency over time

A plaintiff’s testimony alone, no matter how sincere, is not enough. Judges require professional medical evidence that articulates the functional limitations — what the person can no longer do reliably, repeatedly, or safely.

Corroborating Evidence

Equally important, the medical evidence must be corroborated by other proof of real-world impact. Courts are skeptical of opinions based solely on a plaintiff’s self-report. Consistency between medical findings, daily function, and witness observations is key.

Corroboration can come from:

• Family members, friends, or co-workers describing observed changes
• Employer or school records showing absenteeism or accommodations
• Functional capacity evaluations or psychological testing
• Journals or notes kept by the injured person
• Photos, videos, or activity logs showing reduced participation

Together, this evidence paints a credible picture of how the impairment affects daily life and why it should be considered permanent, important, and serious.

Note, the more arm’s length the witness, the stronger the evidence.  That means a neighbour or co-worker’s evidence will probably carry more weight than a spouse or parent.

Recent Examples from Ontario Courts

Recent threshold decisions show how courts apply these principles in practice.

• In Davis v. Ng (2024), the plaintiff met the threshold. The court relied on credible medical evidence and lay testimony showing permanent restrictions that significantly interfered with daily and vocational activities.
• In Ingratta v. McDonald (2024), the court found the threshold not met, emphasizing the lack of consistent medical proof and functional interference. The plaintiff’s pain was genuine, but not sufficiently supported by evidence of serious, ongoing limitation.
• In Trieu v. Aubin (2025), the plaintiff’s pain was found to be permanent but not serious. Despite chronic symptoms, the court ruled the limitations did not substantially interfere with important life functions.

These cases show how closely courts scrutinize functional impact and evidentiary strength. The difference between success and failure often lies in the quality and consistency of the proof.

How We Prove the Threshold

At Auger Hollingsworth, we prepare every case as if it will face a threshold motion. That means:

1. Gathering comprehensive medical evidence — from family doctors, specialists, and independent experts who can explain prognosis and functional loss.
2. Documenting day-to-day impact — through client journals, employer records, and witness statements.
3. Coordinating expert reports that align with the statutory language and demonstrate both permanence and seriousness.
4. Ensuring continuity of care so that the medical record reflects the ongoing nature of the injury.
5. Connecting the dots between the injury, the functional loss, and the effect on work, family, and enjoyment of life.

What Clients Can Do to Help Their Case

Meeting the threshold begins with what you do day-to-day. Here are practical steps to strengthen your claim:

• Stay in treatment. Follow through with medical care and therapy; don’t let gaps suggest recovery.
• Be truthful and specific. Tell healthcare providers exactly how symptoms affect you. Don’t minimize your limitations.
• Keep records. Note missed work, social events, or family activities due to your injuries.
• Get documentation. Ask employers or schools to confirm modifications or absences.
• Share your story. Friends and family can observe and later describe changes in your abilities.
• Be consistent. What you tell doctors, insurers, and the court must align.
• Check in with your lawyer regularly. New symptoms or setbacks should be recorded right away.

The Bottom Line

To succeed in a pain and suffering claim after a motor vehicle accident, an Ontario plaintiff must prove:

1. The impairment is permanent — it will continue indefinitely.
2. It affects an important function — one meaningful to your life and well-being.
3. It is serious — substantially interfering with work, training, or daily life.

And that proof must come from credible medical evidence supported by corroboration from others and from your own documented experience.

At Auger Hollingsworth Injury and Accident Lawyers, we know how to build the evidence judges need to see. If you’ve suffered lasting injuries in a car accident anywhere in Ontario, contact our experienced car accident lawyers for a free consultation. We’ll help you understand your rights and fight to ensure your injuries are recognized as the serious, life-changing harms they are.