Four numbers decide a great deal in an Ontario injury or disability claim, and all four move. This page holds the current ones in a single place, so that every other page on this site can point here rather than carry a figure of its own that quietly goes out of date.
Last reviewed 2 November 2026.
The four figures
| Figure | Current amount | When it changes |
|---|---|---|
| Cap on damages for pain and suffering | approximately $484,330 | Indexed continuously. The amount shown is the most recently published figure, for September 2026 |
| Statutory deductible, pain and suffering, motor vehicle claims | $47,913.01 | 1 January each year |
| Monetary threshold, pain and suffering, motor vehicle claims | $159,708.71 | 1 January each year |
| Maximum Canada Pension Plan disability benefit | $1,741.20 a month | 1 January each year |
For a Family Law Act claim by a family member, the equivalent motor vehicle figures for 2026 are a deductible of $23,956.52 and a threshold of $79,853.70.
Not every figure applies to every claim. The deductible and the threshold apply to pain and suffering in motor vehicle claims. They do not apply to a slip and fall, a dog bite, or a disability claim against an insurer. Which numbers matter depends entirely on the kind of claim you have.
What each one means
The cap on pain and suffering
There is an upper limit on what a court will award for pain and suffering, as distinct from financial losses. It comes from three Supreme Court of Canada decisions in 1978, which set it at $100,000 in the money of the day, and it has been adjusted for inflation ever since.
Two things people routinely misunderstand about it. It is a ceiling, not a going rate. It is reserved for the most catastrophic injuries, and the great majority of claims are nowhere near it. And it limits only pain and suffering. Loss of income, future care costs and out of pocket expenses are not capped by it.
The deductible and the threshold
In a motor vehicle claim, a fixed amount is deducted from an award for pain and suffering. In 2026 that is $47,913.01. The practical effect is that smaller awards can be reduced to very little.
The threshold works against the deductible. Where the award for pain and suffering exceeds $159,708.71, the deductible does not apply. That single line is why the difference between an award just below the threshold and one just above it is far larger than the gap between the two numbers suggests.
The Canada Pension Plan disability maximum
The maximum CPP disability benefit for 2026 is $1,741.20 a month. The minimum is $610.46, and the benefit for a dependent child is $307.81. The amounts rose by 2.0% in January 2026.
This matters in a long term disability claim because most group policies deduct CPP disability from what the insurer pays. An approval for CPP disability can therefore reduce the insurer’s cheque rather than add to your income, and the interaction between the two is worth understanding before you apply.
How this page is maintained
The deductible, the threshold and the CPP amounts are set annually and take effect on 1 January. The cap on pain and suffering is adjusted continuously rather than once a year, so the figure above is the most recent published amount rather than a fixed annual number.
This page is reviewed each January. If you are reading it well after the review date shown above and the numbers matter to your situation, ask us rather than relying on the page.
Speak to a lawyer about a long COVID disability claim
Initial consultations are free. Our fee schedule is published in full, by stage of the case, on our Fair Fees page. Call 905-409-2438, send a text, message us on WhatsApp, or use the contact form.
Steven Polak is licensed as a lawyer in Ontario and practises with Lerners LLP at 123 Athol Street, Whitby.