No-Fault vs Tort in Ontario: When a Lawsuit Makes Sense

September 18, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Ontario’s no-fault system provides meaningful support after a car crash, but it doesn’t always capture the full range of damages. There are circumstances where pursuing a tort claim for pain and suffering or other losses may be appropriate. Deutschmann de Koning Law can help you determine the best path for your recovery in Ontario.

No-fault basics

Ontario’s no-fault benefits cover medical care, rehabilitation, and certain wage losses, regardless of who caused the crash. This framework is designed to get you the essential support quickly, without the need to prove fault in court. However, no-fault does not necessarily preclude pursuing a civil action if your injuries and losses justify it. A careful assessment of your situation is essential to understand where no-fault ends and a potential tort claim begins.

Tort claims and when they fit

A tort claim may be worth pursuing if your injuries meet Ontario’s thresholds for “serious impairment” or “catastrophic impairment.” In those cases, you may be eligible for non-pecuniary damages (pain and suffering) and, in some instances, additional compensation for other harms. These claims require proving liability against another driver or negligent party. The decision to pursue a tort action depends on the strength of medical evidence, fault, and the potential to achieve a meaningful difference in overall compensation beyond no-fault benefits.

Practical considerations

Pursuing a tort claim can be lengthy and costly, with evidence needs that differ from no-fault litigation. It also hinges on determining liability and the other driver’s insurance coverage. Settlements under no-fault can overlap with civil claims, so a strategic approach is crucial. A thoughtful plan may involve coordinating no-fault benefits while advancing a tort action where appropriate. Deutschmann de Koning Law can help you evaluate whether a tort claim enhances your recovery or if focusing on no-fault benefits serves you best.

What to discuss with our lawyers

Our team examines the specifics of your crash, medical prognosis, and the full spectrum of harms—financial and non-financial, now and into the future. We map out potential paths, estimate timelines, and clearly explain the risks and benefits of each option. With deep, local knowledge of Ontario courts, insurers, and dispute processes, Deutschmann de Koning Law tailors a strategy designed to maximise compensation while supporting your recovery.

Next steps

If you’re weighing whether to pursue no-fault benefits alone or alongside a tort claim, speak with Deutschmann de Koning Law. We offer a free, no-obligation case review to help you decide the best route for your situation. Our experienced winning team will outline the plan, identify key milestones, and ensure you understand what to expect at every stage. Contact us today to start a constructive, informed conversation about protecting your rights and securing the compensation you deserve.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.