No-fault deductibles in Ontario’s Insurance Act in tort claims for auto accidents amended

The no-fault deductibles in Ontario’s Insurance Act in tort claims for damages arising from car accidents have been amended and increased to account for inflation and will be increasing slightly ever year in the future, Canadian insurance litigation firm Dutton Brock LLP reported on Thursday.

Ontario Regulation 221/15 amending Ontario Regulation 461/96 (Court Proceedings for Automobile Accidents that Occur on or after November 1, 1996) was proclaimed in force Aug. 1, Toronto-based Dutton Brock said in a media release. Section 5.1 of Ontario Regulation 461/96, entitled “Deductible Amounts,” has now been amended, as have some parts of Section 267.5 of the Insurance Act:

• The statutory deductible for non-pecuniary damages is now $36,540, replacing the $30,000 deductible;

• The $100,000 threshold for non-pecuniary damages, pursuant to section 267.5(8) above which the $30,000 (now $36,540) deductible would not apply has been raised to $121,799;

• The deductible for non-pecuniary damages for Family Law Act claimants, pursuant to section 267.5 (7) of the Insurance Act, is now $18,270, replacing the $15,000 deductible;

• The $50,000 threshold for Family Law Act non-pecuniary damages, pursuant to section 267.5(8.1) above which the $15,000 (now $18,270) deductible would not apply has been raised to $60,899; and

• On Jan. 1, 2016, and on Jan. 1 in every year after 2016, these amounts will all be revised for inflation.