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
