What Is the “Threshold” in Ontario Accident Law?

In Ontario, the “threshold” is a legal test used in motor vehicle accident cases to determine whether an injured person is allowed to sue for pain and suffering (also known as general damages).

Even if you were badly injured, you cannot recover pain-and-suffering compensation unless you pass this threshold test.

A judge, not the jury, ultimately decides whether your injuries meet the legal test.

What the Threshold Requires

To satisfy the Ontario threshold, all three conditions must be proven:

1. Permanence

The injury must be long-lasting or unlikely to significantly improve. Temporary or fully recoverable injuries usually do not qualify.

2. Seriousness

The impairment must be substantial, not minor or easily managed with simple treatment.

3. Impairment of an Important Function

The injury must significantly affect a vital part of your life, such as:

Ability to work
Ability to socialize
Daily living tasks (self-care, household tasks, mobility)

How to Prove You’ve Met the Threshold

Meeting the threshold requires strong, credible evidence. The more detailed and consistent the documentation, the better.

Medical Evidence (Required)

You must have medical proof—usually from a qualified physician—showing:

The impairment is permanent
The impairment is serious
The impairment affects an important function

Corroborating Evidence (Also Required)

Additional proof is needed to support medical findings. Examples include:

Personal journals, notes, photos, and videos
Functional capacity evaluations
Psychological assessments
Testimony from family, friends, coworkers
Employer or school records showing changed performance

Key Considerations

The Judge Decides the Threshold — Not the Jury

Even if a jury awards money for pain and suffering, the judge can dismiss that part of the claim if the threshold is not met.

The Threshold Applies Only to Motor Vehicle Accidents

Slip-and-falls, product liability cases, and other personal injury claims are not subject to this rule.

Annual Monetary Thresholds & Deductibles (2025)

Ontario legislation also sets monetary limits:

General damages threshold (2025): approx. $155,965.54
Deductible for awards below that amount: approx. $46,790.05
This means smaller pain-and-suffering awards are significantly reduced unless they exceed the threshold amount.

Final Thoughts

The Ontario threshold is complex, strict, and often misunderstood. Proving that your injuries are permanent, serious, and affect an important function requires detailed medical documentation and strong corroborative evidence.

If you’re pursuing a motor vehicle accident claim, understanding how the threshold works—and preparing the right evidence early—is essential.

For more information, reach out to JSM Law for assistance with your legal needs.