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Phone: 416-868-3193
Admitted to the Law Society of Upper Canada in 1984
Practice Highlights
David A. Payne was admitted to the Law Society of Upper Canada in 1984. He graduated from Dalhousie University in 1978 with his B.A. and from Queen’s University Law School in 1982. He is a member of the Advocates’ Society, The Canadian Bar Association, Metropolitan Toronto Lawyer’s Association, The Ontario Trial Lawyer’s Association and The Association of Trial Lawyers of America.
David has been a guest lecturer before the Canadian Bar Association, the Ontario Trial Lawyer’s Association and Le Bureau de Quebec. He has graded exams at the Bar Admission Course and has been a guest lecturer before numerous health care associations and facilities.
David’s trial practice includes personal injury law, insurance law, bad faith litigation, breach of contract, medical malpractice and estate litigation.
In the community, David has coached youth hockey and soccer teams. He has been a local cub and scout leader. He has served on the Board of Directors of his local daycare and his local Rate Payer’s Association. He is presently keenly involved in turning a parking lot in his community into a park. He was a Director of Save Our City, a charitable organization advocating for fair tax assessment. He is an active hockey player and equestrian. He enjoys white water canoe trips with his family. In the upcoming summer, he plans to ride horseback up and over the continental divide of the Rocky Mountains.
Education
- Bachelor of Arts, Dalhousie University (1978)
- Bachelor of Laws, Queens University Law School (1982)
Practice Areas
- Personal Injury
- Insurance Law
- Bad Faith Litigation
- Breach of Contract
- Municipal Law
- Environmental Law
- Estate Litigation
Professional Activities and Affiliations
- The Advocates’ Society
- The Canadian Bar Association
- The Metropolitan Toronto Lawyers Association
- The Ontario Trial Lawyers Association
- American Association for Justice
Publications and Presentations
David A. Payne and David R. Tenszen, The Rights of a Disabled / Brain Injured Person Returning to Work, presented at the Provincial Acquired Brain Injury Conference "Harnessing the Power After Brain Injury" on October 29, 2009
David A. Payne and David R. Tenszen, The Proposed Accident Benefit Changes, presented at the Back to School Conference with Thomson, Rogers and the Toronto ABI Network on September 10, 2009
David A. Payne, Catastrophic Impairment Rebuttals, presented at the Canadian Society of Medical Evaluators conference titled "Insurers' Examination: Successful Rebuttals" on June 20, 2008
David A. Payne, “From a 1% Whole Person Impairment CAT DAC to a 79% Whole Person Impairment at Arbitration”, Accident Benefit Reporter, Vol. 9, Issue 1, Spring 2008
David A. Payne, David R. Tenszen, Dealing with Insurers in a Post-DAC World - What the Past 240 Days Have Taught Us, presented at the Brain Injury Association Niagara on October 26, 2006
David A. Payne, Avoid The Delay! Decisions under Section 279(4.1) of the Insurance Act: How to obtain Benefits on an Urgent Basis, presented to the Chronic Pain Management Unit at Hamilton Health Sciences Corporation on February 27, 2006
David A. Payne, Developing the Bad Faith Claim against the First Party Auto Insurer, presented at the Ontario Trial Lawyer’s Association on April 2, 2004
David A. Payne, L. Craig Brown and David R. Tenszen, Changes to Auto Insurance-Bill 198, presented at the Ontario Association of Disability Assessors on October 3, 2003
David A. Payne, Documentary Production in a Bad Faith Action, presented at the Ontario Trial Lawyer’s Association on April 5, 2002
Cases of Note
- Municipality Pays Multi-Million Dollar Settlement for Failure to Properly Place a Stop-Sign.
- Municipality Pays Multi-Million Dollar Settlement for Failure to Properly Rescue Swimming Pool Patron in a Near Drowning.
- Injured Motor Vehicle Accident Victim Declared Catastrophically Impaired with a 79% Whole Person Impairment Seven Years after the Accident - Overturning a 1% Whole Person Impairment Finding by the DAC.
- Nursing Home Contributes to a Multi-Million Dollar Settlement for Failure to Properly Supervise a Resident.
- Insurer Declared to have issued a Valid Motor Vehicle Policy of Insurance even though Policy Lapsed Eight Months before Accident and Insured Did Not Pay for Policy notwithstanding Repeated Demands for Payment in Writing.
- Insurer Ordered to Pay Interim Benefits on an Emergency Basis, Years After the Initial Brain Injury.
- Insured Allowed to Claim Benefits from the Financial Services Commission at the same time and maintain an action in the Superior Court of Ontario for Punitive Damages.
- Obtained a New Judgment Setting Aside Court Approved Settlements Allowing for Significant Additional Recovery Where Prior Counsel Did Improvident Settlements for Brain Damaged Children.
- H. v. Lombard General Insurance Co. of Canada, [2007] O.F.S.C.D. No. 29
- Monteiro v. Aviva Canada Inc., [2004] O.F.S.C.D. No. 54
- Bolger v. CGU Insurance Co. of Canada, [2003] O.F.S.C.I.D. No. 73
- Bolger v. CGU Insurance Co. of Canada, [2003] O.F.S.C.I.D. No. 88
- Federow v. Kingsway General Insurance Co., [2000] O.F.S.C.I.D. No. 188
- Allstate Insurance Co. of Canada v. Brown, [1998] O.J. No. 2318.
- Allstate Insurance Co. of Canada v. Brown, 40 O.R. (3d) 610.
- Brown v. Allstate Insurance Co. of Canada, [1997] O.I.C.D. No. 144
- H. v. Lombard General Insurance Co. of Canada, [2007] O.F.S.C
Testimonials
New Years Eve 2000-2001 was almost my final year on this earth. It took one risky turn and before I knew it I was in a Chrysler Malibu and Oldsmobile Aurora sandwich. Sitting in the passenger seat of the Malibu as the Aurora drove broadside into me, and left me with eight fractures to my pelvis, three broken ribs, a collapsed lung, a broken jaw, shattered teeth, bi-lateral nerve damage to my arms, many torn muscles and countless bruises. It took forty five minutes to be cut out of the car, seventy two hours survive, two months of bed rest, three jaw surgeries, two nerve surgeries, dental reconstruction, Post Traumatic Disorder, Panic Attacks, Agoraphobia and eight years of legal battles. Amazing the difference seconds can make in a life.
When it happened my family had no idea what to do, we didn't even know we should be seeking legal advice, the sheer shock and fear of the situation left us confused and my entire family in shambles. Finally we realized that legal action was necessary. Unfortunately we found a shark, and around the ocean he swam us for three years, slowly eating away at our innocence and fear. Running out of money, help and patience I was quickly, day by day deteriorating, both mentally and physically. The shark hadn't worked to help me, thus I wasn't being taken care of by doctors or the insurance company. Within inches of a complete break down I was lead to David Payne by a close family friend.
David turned the lights on. He made things move. He showed me that my life wasn't over and that there were caring people out there who wanted to help me. Not everyone was out to get me and take advantage of my disadvantage. He got me the doctors I needed, the financial help I needed and more importantly he treated me as a human being, he listened to everything I had to say and never wasted his time or mine to try and tack it onto the bill.
My case was a horrible mess, the insurance company didn't know who I was. They did not want to know who I was and they tried everything to make my case as difficult as possible, but David never gave up on me. Finally, after eight years of fighting, a settlement was reached and my future was secured. Also, because of the help David had gotten me, via therapists and doctors who cared for my injuries, I was able to reconnect with myself and regain as normal a life as I can after such an ordeal.
David did what a good lawyer is supposed to do and he did it with empathy, ethics and kindness. Words cannot express the gratitude I feel towards him and his staff.
H. Hargraves
Mr. Payne, please note that we are very grateful for all of your efforts on this case. Prior to establishing the relationship with you, we nearly gave up on the possibility of legal action. We had been frustrated for over two years consulting with so many legal firms and obtaining copious legal advice. The result of most of our consultations was that we were told that we had no case and that the legal firm would not accept our case. Those legal firms that did decide to accept the case and proceed made a very brief effort and literally no progress while spending money and wasting our time. We felt that we were simply spinning our wheels and that we were not getting anywhere.
At around the time that we were almost prepared to give up on our legal efforts, we were very fortunate to have contacted your office. We must admit that we were very skeptical at first as we had heard it all before. However, there was a slight reason for increased optimism within some members of the family. Right from the beginning, some of us felt that this last effort was somehow different. An indication of this difference was your initiative to travel to Windsor to see first-hand the condition of this man. No other legal firm or their legal team had previously taken this step. You appeared to be stirred up emotionally about Milan’s condition and appeared eager to proceed. As they say, the rest is history now.
Mr. Payne, to say that we are very thankful and appreciative for all of your efforts in this case is a serious understatement. We will always feel indebted to you for the contribution that you have made to this family. Without your efforts it is very likely that Milan would not be alive today. You have saved this man’s life and for that we are grateful. You have also spared the family of the tremendous financial burden that would have otherwise been their responsibility. We wish to formally acknowledge our gratitude and appreciation for everything you have done for this family, and in the process, saving the family from financial ruin and devastation.
Sava Puskaric and Family
David Payne was a super lawyer for Tracy, and I. Before he took over, the lawyer in Windsor would have left Tracy with only $200,000.00, but David got her almost 3 million. You can just imagine the difference that has made for our family. To know that Tracy will be set for the rest of her life is a big burden off my shoulders. When I can no longer take care of her, she will be able to afford the help she will surely need in the years to come. It is also a big relief to her sisters, as they are all very close to each other.
You are tops in our books David, and I will make sure that anyone I meet, that could do with an excellent lawyer, knows you are the first and only choice.
Margaret & Tracy Collins