David A. Payne*, Partner

Admitted to the Law Society of Upper Canada in 1984
 

*David Payne Law Professional Corporation
 

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

 

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Publications and Presentations

David A. Payne, Pediatric Catastrophic Impairment - Passing the Test, presented at the Back to School with Thomson, Rogers - Catastrophic Brain Impairment: Children, Young Adults and their Families (Rehabilitation Strategies) conference on September 8, 2011.

• Paper: Pediatric Catastrophic Impairment - Passing the Test
• PowerPoint Presentation
• Webcast below:

 

David A. Payne & David R. Tenszen, Impaired Driving Civil Cases, presented at the 2011 MADD Canada's Victims' Weekend and Candlelight Vigil of Hope & Remembrance on April 30, 2011.

 

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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

 

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 Testimonials

 

They say “among all grey clouds there is a silver lining”….. My grey clouds came in the day my daughter, Carley Ouellette, who was 12 years old at the time, was hit by a vehicle and broke her arm while riding her bike. Just five weeks after that accident we were in another car accident that left my daughter unable to move her left arm. She complained of extreme pain to the point I could not even touch her. After bringing her to several doctors I was then told she had Reflex Sympathetic Dystrophy a.k.a Chronic Regional Pain Syndrome Type 1. caused by the last accident we were in. I was completely at a loss as to how to get treatment for my daughter because the Insurance Company was not validating her injury or the treatments being prescribed to treat her illness. Just six months after the accidents the Insurance Company was denying to pay for treatment plans for my daughter and forcing me to pay for the treatment plans. 

I remember the day I was first told about David Payne and yes, it was from another satisfied client. This past client of David’s recognized my frustrations and stress of trying to get care for my daughter. He told me, “if this illness is as bad as you are telling me, you need David Payne representing you and your daughter because he would never allow her treatment to stop. He is a Pit Bull, but if he believes you have a case he will never let you down. Go home, look him up on the internet and tell him I told you to call him.” That night I came straight home, Googled the name David Payne and called him right away. I just so happened to catch him just as he was leaving the office, but he took my call and I explained to him what was going on with my daughter. I remember him saying to me “I’ll be honest I don’t know much about RSD, but no child should be denied and have to live in pain so, yes, I will represent you”.

From the day he took us on as his clients, this was the silver lining in our clouds, almost heaven sent…David. He has always had my daughter’s and family’s’ best interest at heart. When the Insurance Company was denying us treatment, it was as though David had a magic wand, he would wave it and her treatments were suddenly approved. David took away all the stress of dealing with the Insurance Company. This allowed me, as Carley’s Mother, to focus on taking care of my child medically, knowing I was in good hands with David legally.

Although, we still have to deal with Carley’s RSD daily, if it were not for David’s compassion, empathy and belief to fight for an otherwise unheard of disorder like Reflex Sympathetic Dystrophy a.k.a Chronic Regional Pain Syndrome Type 1. I know I would have gone bankrupt trying to manage the necessary daily treatments for Carley. His knowledge and expertise combined with his compassion, empathy and passion to fight for ‘what is right’ is what sets him apart from other personal injury lawyers. I know if I had stayed with the lawyer representing Carley in the very beginning, we would never have seen the type of settlement David was able to win for Carley. David made sure that my daughter will be taken care of financially for life so that she will never have to worry about the financial burden of treatment to manage her pain. David protected my daughter as though she was his own and I am eternally grateful for all that he has done for her.

Yes, being permanently injured in an accident is one of the most horrible and stressful things that can happen to a person, but like I tell my daughter, look at all of the amazing people it has brought into our lives that we otherwise, never would have met such as David Payne.

Thank You David, for being not just a Lawyer, but an Amazing Lawyer!

Kimberly Nelson, Mother of Carley Ouellette

 

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The very first time I  met Laura Parent, I understood what the difference was between our lawyer and David Payne. Laura was the very first person to believe in me and my pain. She told me that David was on our side and that he was going to take care of us. No doubt, he absolutely did.

In 2007, at the age of 12 years old, I was in 2 car accidents 5 weeks apart from each other. The first accident, I was riding my bicycle and I was hit by a woman backing out of her driveway. I had broken my elbow and my growth plates had separated. I was in a cast for 4 weeks. A week after the cast was taken off, we were in another car accident. This time, a car was turning into a parking lot and turned right in front of us. I braced myself but my Mom couldn’t stop and we crashed into their vehicle.  Since that moment, I have had constant pain. Three weeks later, I was diagnosed with Reflex Sympathetic Dystrophy a.k.a. Complex Regional Pain Syndrome Type 1.  All I knew was that I was in constant 10/10 pain all the time, with no medical professional understanding my injury. Then we met David Payne and our world changed. He was like our guardian angel sent to help us. He believed in my pain and rare condition. He helped us find doctors that understood RSD who could help treat my pain.

With RSD, comes many expensive treatments to help manage chronic pain. On a daily basis, we would be going to either a doctor’s appointment, physiotherapy or any other type of alternative therapy to help manage and keep my mobility.  I was considered to be faking, dramatizing and over exaggerating my condition.  David always believed in me, and supported every alternative and medical therapy I tired.  Without his support, belief and “magic wand” I don’t know where I’d be. I know I would not be nearly as mobile as I am today.  He has made sure that  I can manage my treatments for a lifetime and I am not going to be a financial burden on my family. I’ve realized how much my Mom has fought for me and she could not have done what she did without David being right beside her. David  was our voice to the insurance companies fighting every step of the way for my treatments. Even though I was 12 years old and didn’t necessarily understand his legal conversations with my Mom, who is my litigation guardian, David always took time to translate and help me understand how he was representing me. He always kept me in the loop.

Over the last 5 years, I have the highest  utmost respect for you, David.  I know that you have always had my best interest at heart and I am so thankful and appreciative for what you have done. I may have to deal with RSD for the rest of my life, but you have made it a lot more manageable.

I know that if someone ever came to me with a personal injury, and needed legal advice, the very first person I would recommend is David Payne.

Thank you David!!!

Carley Ouellette and Family

 

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On behalf of our members, staff and Board of Directors for the Brain Injury Association of Niagara please accept our thanks and appreciation for taking the time from your busy schedule to present at our annual conference. Also, please convey our sincere thanks to Thomson, Rogers for the ongoing support of our association, and in acknowledgment of your corporate premium contribution of $8,000 that maximized our efforts to make this conference inclusive for individuals with brain injury and their families and caregivers at a subsidized rate, and sponsorship for our two featured keynotes: Dr. Abe Snaiderman and Lois McElravy, along with ensuring the overall quality of the conference.

Once again, thank you for your co-presentation that incorporated valuable insights with respect to the overview of the Statutory Accident Benefits Schedule with respect to the Accident Benefit Changes post September 1, 2010, and Guardianship Rights.

We consider it an honour and a privilege to have been able to include each of you in our stellar cast of presenters, and in acknowledgement of your dynamic joint presentation. Thanks to your combined efforts, in conjunction with Thomson, Rogers, our conference was a tremendous success. Thanks again for your ongoing support of our association.

Yours truly,

P. Dracup
Brain Injury Association of Niagara (BIAN) 
 

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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

 

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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

 

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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

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