What is the “Threshold” in a Car Accident Claim?

Frank was invited to present a paper entitled “Threshold Refresher” at the Ontario Trial Lawyers Association Conference which took place on May 30 and 31, 2013 in Toronto.

The “threshold” is the criteria that an injured individual must demonstrate in order to receive compensation for pain and suffering. The objective of the threshold has been to restrict the rights of individuals for pursuing what some may categorize as “minor” tort claims in exchange for no-fault accident benefits insurance coverage. Section 267.5(5) of the Insurance Act requires that in order to establish a claim for damages for pain and suffering relating to a motor vehicle accident, one must sustain a permanent, serious impairment of an important physical, mental or psychological function.  Plaintiffs also meet the threshold if they have suffered a permanent serious disfigurement.

The purpose of the paper was to provide an overview of the law on threshold and offer some best practice tips for lawyers on how to defend a motion on threshold. If you wish to obtain a copy of the paper, please e-mail Frank at frank@mcnallygervan.ca

If you were injured in an Ottawa car accident and have questions on whether your injuries meet the threshold to obtain compensation for pain and suffering, you should contact the Ottawa personal injury lawyers at McNally Gervan for a free initial consultation.