Workplace 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 workplace 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 workplace claims, with the apportionment determined on the facts rather than by statutory bright line. The discretion gives judges and juries flexibility in mixed-liability workplace cases, and outcomes track closely to the perceived reasonableness of the claimant's conduct.
Workplace injuries in Ontario run on a parallel track to general tort recovery: workers' compensation is the primary remedy against the employer, with third-party tort claims (against a contractor, equipment manufacturer, or non-employer driver) layered on top. Ontario's caps (andrews cap (non-pecuniary), statutory deductible) apply to the third-party tort track only, and the workers' compensation insurer typically holds a subrogation right against any tort recovery.