What Juror's Are Not Told in an Ontario Motor Vehicle Accident Tort Claim

In Ontario, most Personal Injury claims are resolved outside of court and prior to trial. However, if your case does proceed to trial, it is very likely that it will be tried with 6 jurors.

The manner in which jurors are selected in Ontario is much different than what you may have seen on television. In fact, both the Plaintiff and Defendant are only given the names, addresses, and occupations of potential jurors, and each party can only challenge four jurors. Therefore, the people who are making a decision on your case is essentially the first 6 people you see in a coffee line.

Unfortunately, in most cases, a Jury is not aware of important aspects of a personal injury trial in order to make a fair decision, and we are not allowed to tell them.

First, they are not aware of the monetary deductible which is applicable to all motor vehicle accident accident lawsuits, which proceed to trial. As of January 1, 2023 all General Damages awards, which are awards for "pain and suffering", are subject to a $44,367.24 deductible if the jury awards General Damages below $147,889.59. By example, if a jury awards a Plaintiff $40,000.00 in General Damages, the monetary deductible of $44,367.24 would completely wipe out any award. Similarly, if a jury awards a Plaintiff $50,000.00, the Plaintiff would receive $5,632.76. However, the jury is not aware of this monetary deductible, so when they award $50,000.00 they believe all of it is going to the Plaintiff, which is inaccurate. It is important to note that the Monetary Deductible increases every year based on inflation.

Secondly, in addition to the monetary deductible, there is a verbal threshold which is applicable to motor vehicle accident lawsuits, which proceed to trial, that the Plaintiff must surpass. This means, in order for a Plaintiff to receive any General Damages award, their physical and psychological injuries must be determined to be a "permanent and serious impairment of an important bodily function". By example, if a Jury awards a Plaintiff $100,000.00 in General Damages, the Defendant may bring a Threshold Motion which heard by a Judge, to determine if the Plaintiff meets the threshold. If a Judge finds that the Plaintiff's injuries do not meet the threshold, the Plaintiff's award will be completely wiped out, despite the Jury's award of $100,000.00.

Lastly, the Jury is not aware that in most cases an insurance company is responding to the Plaintiff's claim - the Defendant is not usually paying out of their pocket for any amounts awarded to the Plaintiff.