If you are ever selected to sit on a jury for an Ontario car accident case, there are some important things you may not be told during the trial.
Although the injured person is suing the at-fault driver, in most cases it is actually the driver’s automobile insurance company that is defending the lawsuit and paying the damages, subject to the insurance policy.
You may also not be told about Ontario’s substantial statutory deductible for pain and suffering.
In 2026, that deductible is $47,913.01.
That means if a jury awards an injured person $100,000 for pain and suffering, the law can reduce that award by $47,913.01 — leaving the injured person with only $52,086.99.
The deductible does not apply once the pain-and-suffering award exceeds the prescribed threshold, which in 2026 is $159,708.71.
These amounts are indexed and generally increase each year.
So, if you ever sit on a jury in an Ontario automobile case, understand that the amount you award may not be the amount the injured person actually receives, and the person ultimately paying the damages is generally the defendant’s automobile insurer — not the individual driver.
This article is for general educational purposes only. Jurors must decide cases based solely on the evidence presented at trial and the instructions provided by the trial judge.
