David Hayward 5YEARSAWARDED

David Hayward

Burlington, ON Directions
recognized lawyers icon Recognized in Best Lawyers since 2022
Awarded Practice Areas
Insurance Law Personal Injury Litigation
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David Hayward
David Hayward
Burlington, ON
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Works at
Martin & Hillyer Associates

5 Best Lawyers awards

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Martin & Hillyer Associates logo

Biography

David Hayward is a lawyer recognized by Best Lawyers in the practice areas of Insurance Law and Personal Injury Litigation. David practices law in Burlington, Ontario

Best Lawyers has recognized David Hayward since 2022. The Best Lawyers recognition is based on a peer-review survey of lawyers in the same geographic region and legal practice area. The recognition reflects the professional regard in which David Hayward is held by other lawyers.

Works at
Martin & Hillyer Associates

5 Best Lawyers awards

Visit Firm Profile
Martin & Hillyer Associates logo

Locations

Burlington, Ontario
905-637-5641
1005 Skyview Drive, Suite 200
Burlington, ON L7P 5B1
Canada

Client Testimonials

Awards & Focus

Recognized in The Best Lawyers in Canada™ 2027 for work in:
  • Insurance Law
  • Personal Injury Litigation

Case History

Cases
  • Saliba v. Allstate Insurance Company of Canada and Progressive Casualty Insurance Company of Canada
  • Citation: 2001 ONFSCDRS 34
  • Description: 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.
  • Saliba v. Allstate Insurance Company of Canada and Progressive Casualty Insurance Company
  • Citation: 2000 ONFSCDRS 159
  • Description: 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.
  • Saliba v. Allstate Insurance Company of Canada and Progressive Casualty Insurance Company
  • Citation: 1999 ONFSCDRS 171
  • Description: 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.
  • V v. Allstate Insurance Company of Canada
  • Citation: 2009 ONFSCDRS 88
  • Description: 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.
  • Soenens v. Bolduc
  • Citation: 2017 ONSC 7471
  • Description: 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.
  • Royal Insurance Company of Canada v. George Deforest
  • Citation: 1997 ONICDRG 63
  • Description: 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.
  • Roszczka v. Tiwari
  • Citation: 2021 ONSC 2372
  • Description: 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.
  • R. v. S.H.
  • Citation: 2015 ONCJ 611
  • Description: 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.
  • Parnell v. Co-operators General Insurance Company
  • Citation: 2024 ONLAT 21-015019/AABS
  • Description: 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.
  • P.M. v. Dominion of Canada General Insurance Company
  • Citation: 2009 ONFSCDRS 97
  • Description: 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.
  • Agatonovic v. Royal Insurance Company of Canada
  • Citation: 1996 ONICDRG 139
  • Description: 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.
  • Browne v. Chubb Insurance Company of Canada
  • Citation: 2011 ONFSCDRS 2
  • Description: 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.
  • M. v. Dominion of Canada General Insurance Company
  • Citation: 2009 ONFSCDRS 9
  • Description: 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.
  • Joaquim v. Intact Insurance Company
  • Citation: 2023 ONSC 5120
  • Description: 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.
  • Hutchinson v. Dominion of Canada General Insurance Company
  • Citation: 2008 ONFSCDRS 58
  • Description: 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.
  • Saliba v. Allstate Insurance Company of Canada
  • Citation: 2001 ONFSCDRS 152
  • Description: 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.
  • Decision No. 3548/18
  • Citation: 2019 ONWSIAT 930
  • Description: 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.
  • Decision No. 261/24
  • Citation: 2025 ONWSIAT 450
  • Description: 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. 224/23
  • Citation: 2023 ONWSIAT 294
  • Description: 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. 1553/16
  • Citation: 2016 ONWSIAT 1980
  • Description: 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. 1123/22
  • Citation: 2022 ONWSIAT 1912
  • Description: 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.
  • Grewal v. Certas Direct Insurance Company
  • Citation: 2008 ONFSCDRS 201
  • Description: 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.
  • Von Steun v. Canadian General Insurance Group
  • Citation: 1998 ONICDRG 39
  • Description: 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.

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