Our Lawyers
David Hayward
David is a Burlington lawyer who represents injured clients in car accident litigation, disability insurance disputes and more.
More About David Hayward
David was called to the bar in 1994 and practises 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 practises 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 practising 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).
Practice Areas
Notable Cases
Alexander Von Steun v. Canadian General Insurance Group
1998 ONICDRG 39
David Hayward successfully argued that his client had the right to rescind a tentative settlement agreement because the insurer failed to provide the required disclosure notice during the two-day cooling-off period, protecting the client's right to proceed to arbitration.
Charanjit Grewal v. Certas Direct Insurance Company
2008 ONFSCDRS 201
David successfully defeated an insurer's attempt to use a two-year limitation period to dismiss his client's claim, proving that the insurer had failed in its statutory duty to provide the client with proper election forms, allowing the client's claim for Income Replacement Benefits to proceed.
Decision No. 1123/22
2022 ONWSIAT 1912
David Hayward successfully appealed an earlier decision to win Loss of Earnings (LOE) benefits for a 60-year-old worker whose severe shoulder injury and subsequent surgery prevented a return to the construction industry.
Decision No. 1553/16
2016 ONWSIAT 1980
David expertly navigated complex overlapping claims involving a 2003 low back injury and a 2011 neck injury to secure retroactive partial Loss of Earnings benefits for his client, ensuring the worker was fully compensated without overlapping payments.
Decision No. 224/23
2023 ONWSIAT 294
David Hayward successfully established his client's ongoing entitlement to Loss of Earnings benefits and treatment expenses, proving that a workplace accident significantly aggravated the client's pre-existing underlying neck condition.
Decision No. 261/24
2025 ONWSIAT 450
Overcoming claims that his client's injuries had fully resolved, David successfully achieved ongoing entitlement for the client's neck and low back injuries and secured a Non-Economic Loss (NEL) award determination.
Decision No. 3548/18
2019 ONWSIAT 930
David Hayward successfully appealed an initial denial of benefits, proving that his client's repetitive strain injuries were directly caused by workplace activities and expertly explaining away the employer's concerns regarding reporting delays.
Faraj Saliba v. Allstate Insurance Company of Canada
2001 ONFSCDRS 152
David successfully argued that the insurers were required to pay interest on over $32,000 in overdue home renovation expenses needed to accommodate his severely injured client.
Gloria Hutchinson v. Dominion of Canada General Insurance Company
2008 ONFSCDRS 58
David Hayward successfully defeated the insurer's motion to preclude his client from proceeding to arbitration, convincing the arbitrator that the insurer's unconscionable delay in raising technical defences regarding time limits barred them from relying on those defences.
Joaquim v. Intact Insurance Company
2023 ONSC 5120
David successfully represented his client before the Divisional Court, winning an appeal that overturned a Licence Appeal Tribunal decision. He successfully established that auto insurers do not have the authority to force an insured to undergo a medical examination to determine eligibility for prescription medication claims.
M. v. Dominion of Canada General Insurance Company
2009 ONFSCDRS 9
In a highly complex medical case, David Hayward, along with Stephen Abraham, successfully established that a catastrophic stroke suffered by their client was directly caused by a sudden, fear-induced surge in blood pressure following a motor vehicle accident, confirming the client's entitlement to accident benefits. The decision was upheld on appeal.
Margaret Browne v. Chubb Insurance Company of Canada
2011 ONFSCDRS 2
David successfully proved that the insurer had improperly terminated his client's caregiver benefits by failing to follow mandatory statutory procedures, securing an order for interim caregiver and non-earner benefits.
Milomir Agatonovic v. Royal Insurance Company of Canada
1996 ONICDRG 139
David Hayward successfully demonstrated that his client, a professional folk singer suffering from severe post-traumatic depression following an accident, was entitled to ongoing weekly income benefits and interest.
P.M. v. Dominion of Canada General Insurance Company
2009 ONFSCDRS 97
David successfully secured a $30,000 interim benefits award for a bereaved widow by demonstrating a prima facie case and illustrating her dire financial urgency while awaiting the outcome of a complex appeal.
Parnell v. Co-operators General Insurance Company
2024 ONLAT 21-015019/AABS
David Hayward successfully obtained approval for his client's disputed chiropractic and physiotherapy treatment plans and additionally secured a special financial award against the insurer for unreasonably withholding and delaying payments.
R. v. S.H.
2015 ONCJ 611
David successfully advocated for a vulnerable, cognitively impaired client in a complex sexual assault case, securing a suspended sentence and avoiding the Crown's push for a 9-to-12-month jail sentence.
Roszczka v. Tiwari
2021 ONSC 2372
David Hayward and Laura Hillyer represented the plaintiffs in a complex motor vehicle accident and $10 million broker negligence action. They successfully navigated pandemic-related procedural hurdles to establish a structured path forward for the trial, thereby protecting the plaintiffs' interests.
Royal Insurance Company of Canada v. George Deforest
1997 ONICDRG 63
David successfully defended his client against an insurer's appeal, confirming a ruling that the client's Future Economic Loss benefits from the Workers' Compensation Board were not deductible from his automobile accident income replacement benefits.
Soenens v. Bolduc
2017 ONSC 7471
David Hayward stepped in as the plaintiff's new lawyer and successfully defeated the defendants' motion to dismiss a personal injury action for delay, ensuring his client retained the right to proceed to trial despite the claim being 18 years old.
V v. Allstate Insurance Company of Canada
2009 ONFSCDRS 88
David successfully proved his client's entitlement to medical benefits for psychological treatment, and additionally secured a $5,000 special award and interest against the insurer for their unreasonable conduct in withholding the benefits.
Faraj Saliba v. Allstate Insurance Company of Canada and Progressive Casualty Insurance Company
1999 ONFSCDRS 171
David Hayward successfully established his client's ongoing entitlement to weekly income benefits post-156 weeks, proving that injuries from two separate motor vehicle accidents were the cause of the client's continuous disability and that a subsequent spinal surgery resulting in quadriplegia was causally connected to those accidents.
Faraj Saliba v. Allstate Insurance Company of Canada and Progressive Casualty Insurance Company
2000 ONFSCDRS 159
Following the initial arbitration, David successfully argued that his severely disabled client was entitled to access the full limits of both insurers' policies, allowing the client to "stack" the $3,000 monthly limit and $500,000 total limit for care expenses from each policy without apportionment.
Faraj Saliba v. Allstate Insurance Company of Canada and Progressive Casualty Insurance Company of Canada
2001 ONFSCDRS 34
In a dispute over long-term housing needs for his client, who was left with partial quadriplegia, David successfully secured an award of over $150,000 for a new bedroom and home renovations, plus project management fees and interest, defeating the insurers' arguments that the client was seeking a "windfall" and that they should only pay to renovate an unsuitable, rented townhouse.
Faraj Saliba v. Allstate Insurance Company of Canada and Progressive Casualty Insurance Company of Canada
2001 ONFSCDRS 34
In a dispute over long-term housing needs for his client, who was left with partial quadriplegia, David successfully secured an award of over $150,000 for a new bedroom and home renovations, plus project management fees and interest, defeating the insurers' arguments that the client was seeking a "windfall" and that they should only pay to renovate an unsuitable, rented townhouse.
Professional Activities
President and Board Member of the Victorian Order of Nurses (VON) Halton
David served on the Board of Directors from 2001 to 2006, stepping up as President from 2004 to 2006.
President and Director of Acclaim Health
He served as the President of the Board of Directors from 2006 to 2007. This charitable organization provides vital health and home care assistance to residents of the Halton region.
Chair and Director of the Burlington Downtown Business Association (BDBA):
David was a Director from 2012 to 2018 and served as the Chair of the BDBA from 2015 to 2017.
Active Volunteer with the Gore Park Rotary Outreach Program:
Since February 2022, David has volunteered almost every Saturday to provide food to people in need in downtown Hamilton. He serves as a "jack of all trades" for the program, assisting with loading and unloading vehicles, packaging and distributing food, recycling boxes, and handling guest services.
Board Member of the Rotary Club of Burlington Gore Park:
He currently serves on the board of directors for the Rotary Club.
Contact
Phone Number: (905) 637-5641
Email: Click Here