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Litigation

Is there a cap on damages for pain and suffering in an Ontario injury lawsuit?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. Ontario recognizes an upper limit on non-pecuniary damages - the compensation for pain, suffering, and loss of enjoyment of life, as opposed to compensation for actual financial losses. The cap has been adjusted upward over time to keep pace with inflation since it was first established, so the figure is not fixed and should always be confirmed as of the date it matters for a specific claim rather than assumed from an older source.

It is important to understand what the cap does and does not cover. It applies only to the non-pecuniary head of damages - it does not limit other categories like lost income, loss of earning capacity, or the cost of future care, which are assessed separately and are not subject to any similar ceiling. The cap is also generally treated as reserved for the most catastrophic injuries, meaning less severe injuries receive a proportionately smaller non-pecuniary award, not an amount anywhere close to the maximum. Because the current figure changes and the proportional assessment is fact-specific, anyone trying to estimate what a claim might be worth should get that figure confirmed and discussed with a lawyer rather than relying on a number seen elsewhere.

Key takeaways

  • Ontario has an upper limit on non-pecuniary (pain and suffering) damages, adjusted for inflation over time.
  • The cap applies only to non-pecuniary loss - other damages like income loss and future care are separate and uncapped.
  • The cap is generally reserved for the most catastrophic injuries; less severe injuries receive proportionately less.
  • The current figure changes over time and should be confirmed rather than assumed from an older source.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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