David is a Burlington lawyer who represents injured people in car accident litigation, disability insurance disputes and more.
David hails from the Miramichi region of New Brunswick (the “Salmon Fishing Capital of the World”).
David graduated from the University of New Brunswick with honours in psycho-physiology in 1985. In 1985, David was hired as an instructor at the University of New Brunswick and by 1992, David obtained the position of Personnel Coordinator and Master Instructor at the English Language Programme. His responsibilities included program development, instructor supervision and direction, and helping to coordinate a staff of up to ninety individuals.
In 1989, David decided to pursue a career in law. He obtained his law degree in 1992 from the University of New Brunswick.
David foresaw the growing need for effective plaintiff representation in the no-fault automobile insurance scheme when he began practising law at Martin & Hillyer. With each overhaul of the automobile insurance system (1994, 1996, 2003, 2006, and 2010) David has devoted his energy to becoming proficient and adept at using the legislation to assist injured people. David’s practice includes representing injured people in various areas including automobile accidents, Mediations/Arbitrations at the Financial Services Commission of Ontario, slip-and-fall accidents, LTD claims, CPP, and ODSP disability claims.
David continues to enjoy working in insurance law and strives to ensure that injured people receive the full compensation they deserve. David’s membership in the Ontario Trial Lawyers Association and The American Association of Justice provides him with access to innovative techniques and strategies to enhance his litigation skills.
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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