David is a Burlington lawyer who represents injured people in car accident litigation, disability insurance disputes and more.
David was called to the bar in 1994 and practices in Burlington, Ontario with Martin & Hillyer Associates.
David has an active motor vehicle accident practice, and believes that it is important to focus equally on tort and SABS issues to ensure his clients are fully compensated. He has conducted numerous arbitrations, and has argued appeals at the Financial Services Commission of Ontario and the Ontario Court of Appeal. He now represents claimants before the Licence Appeal Tribunal (LAT). In addition to MVAs, David represents plaintiffs in LTD, CPP and other personal injury claims.
In addition to his personal injury and disability practice, David also practices criminal law with a focus on mental health issues. He is frequently appointed to represent accused people who are mentally ill. He conducts hearings before the Ontario Review Board.
David knows that “three heads are better than one” and enjoys practicing with the support of skilled and experienced staff members.
In addition to civil litigation David also practises criminal law with a particular emphasis on conducting bail hearings.
David’s community involvement includes being a Director and Past President of Acclaim Health – a charitable organization which provides health and home care assistance to the people of Halton.
A sampling of Personal Injury and Disability cases argued by David Hayward
In this decision the Applicant was successful in demonstrating that his neck surgery (and associated paralysis) was caused by motor vehicle accidents which occurred 4 years before the surgery.
The Applicant was injured while removing a load from his truck. The Applicant succeeded in demonstrating that his injury arose “out of the use and operation of a motor vehicle”.
An important decision as the Applicant succeeded in demonstrating that he was unable to work at any job because of depression.
One of the first FSCO Arbitration decisions where an Applicant successfully demonstrated that he was unable to perform any employment for which he was reasonably suited by education, training or experience.
An important decision which sets out the criteria courts will use in deciding whether an Applicant is required to attend an insurance medical examination. The Applicant succeeded in demonstrating that she was not required to attend the proposed assessment.
This decision deals with the issue of when the 2-day “cooling off” period begins to run. The Applicant succeeded in demonstrating that the settlement was not “enter into” until he had received the settlement documentation from the insurer (about 3 weeks after the initial settlement). This decision was upheld on appeal.
A sampling of Automobile Accident cases argued by David Hayward
At the time of the motor vehicle accident the Applicant lived in a cooperative housing complex. The Applicant succeeded in requiring his insurance company to provide a substantial contribution toward the purchase of a new home (which he was to own) as well as pay for renovations to the new home.
The Applicant succeeded in demonstrating that his auto insurer was not entitled to deduct monies that he received from WSIB.
An important decision as the Applicant succeeded in demonstrating that two auto insurers had to pay for his medical and rehabilitation claims. The Applicant succeeded in “stacking” the two policies.
An important decision in that the Applicant succeeded in demonstrating that he was continuously unable to perform any employment because of headaches (caused by a motor vehicle accident).
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