Fracture settlements
in Ontario.
Ontario operates a hybrid system: SABS first-party accident benefits alongside common-law tort, with a statutory deductible reducing non-pecuniary tort awards below the threshold. For fracture claims specifically, the Canada band on this page is adjusted for Ontario's common-law contributory reduction and any applicable statutory cap.
Ontario applies the common-law contributory-reduction framework for fracture claims, with the apportionment determined on the facts rather than by statutory bright line. The discretion gives judges and juries flexibility in mixed-liability fracture cases, and outcomes track closely to the perceived reasonableness of the claimant's conduct.
Ontario's caps (andrews cap (non-pecuniary), statutory deductible) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
The Canada band is the starting point. Ontario's fault rule and any applicable cap then adjust the figure.