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January 2021

Statutory Thresholds and Deductibles

In reference to Tort Damages in MVAs

Van Krkachovski
Van Krkachovski,
Partner

by Van Krkachovski and Chelsea Dobrindt

Chelsea Dobrindt
Chelsea Dobrindt
Articling Student

 

 

The annual update to the statutory thresholds and deductibles for determining non-pecuniary tort damages arising from use or operation of vehicles has now been released.

The Financial Services Regulatory Authority of Ontario (FSRA) has determined that the indexation percentage for 2021 is 0.5%. Effective January 1, 2021, until December 31, 2021, the following thresholds and deductibles will be in place.

 

Thresholds in the Case of Damages for Non-Pecuniary Loss

Description Section Reference in the Insurance Act Amount in 2020 Amount in
2021
Threshold for General Damages

(Except those under s.61(2)(e) of the Family Law Act)
267.5 (8.3) $131,854.01 $132,513.28

(+$659.27)
Threshold for FLA Damages

(Damages under s.61(2)(e) of the Family Law Act)
267.5 (8.4) $65,926.46 $66,256.09

(+$329.63)


Deductible Amounts in the Case of Damages for Non-Pecuniary Loss

Description Section Reference in Court Proceedings for Automobile Accidents* Amount in 2020 Amount in 2021
Deductible for General Damages that do not meet the threshold

(Except those under s.61(2)(e) of the Family Law Act)
5.1 (1) $39,556.53
$39,754.31

(+$197.78)
Threshold for FLA Damages

(Damages under s.61(2)(e) of the Family Law Act)
5.1 (2) $19,778.27 $19,877.16

(+$98.89)

* Pursuant to O. Reg. 461/96


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