Is the rear driver always at fault in Canada?
Almost always. In a rear-end collision the following driver is presumed at fault for failing to keep a safe distance or stopping distance. The presumption can be rebutted in rare cases (for example, an unexpected reverse by the lead car), but the rear driver bears the burden to disprove negligence.
What is the minor injury cap for whiplash in Canada?
Several provinces cap general damages for minor injuries such as whiplash. Alberta's minor injury cap is about $5,932 (2024), Nova Scotia about $9,331, and Ontario applies a $41,556 (2024) minor injury threshold. BC's Enhanced Care limits pain and suffering for minor injuries after April 2019.
What are statutory accident benefits (SABs)?
In no-fault and hybrid provinces, your own insurer pays statutory accident benefits regardless of fault - covering medical/rehabilitation costs, income replacement, and attendant care up to policy limits. In Ontario these are set by the SABS regulation. You may also sue the at-fault driver in tort for damages above these benefits.
What is the Ontario deductible on pain and suffering?
Ontario imposes a statutory deductible on general damages for motor vehicle claims. The 2024 deductible is about $43,558, waived only if the award exceeds a threshold (about $146,844). This calculator lets you apply the deductible to see your net general damages.