Head & brain 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 head & brain claims specifically, the band is built from the Andrews v Grand & Toy non-pecuniary cap framework and then adjusted for Ontario's common-law contributory reduction and any applicable statutory cap.
Ontario applies the common-law contributory-reduction framework for head & brain claims, with the apportionment determined on the facts rather than by statutory bright line. The discretion gives judges and juries flexibility in mixed-liability head & brain cases, and outcomes track closely to the perceived reasonableness of the claimant's conduct.
Head injury and traumatic brain injury claims sit at the upper end of the Canada band and are most affected by statutory caps. Ontario's caps (andrews cap (non-pecuniary), statutory deductible) can compress catastrophic head & brain verdicts even where the underlying damages — future care, lost earning capacity, life-care plan costs — clearly justify the higher figure.
Ontario applies partial no-fault provisions. For head & brain claims tied to motor-vehicle accidents, limited first-party PIP-style benefits may be required by statute, but the underlying tort right against the at-fault driver is preserved. SABS first-party benefits operate alongside tort. Tort awards subject to deductibles below threshold.
The Canada band is the starting point. Ontario's fault rule and any applicable cap then adjust the figure.