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Practice Highlights

In January of 2019, after 17 years with Thomson Rogers, David Payne retired from the firm.

If you are seeking a consultation with another qualified personal injury lawyer, please click HERE

David A. Payne was admitted to the Law Society of Ontario in 1984. He graduated from Dalhousie University in 1978 with his B.A. and from Queen’s University Law School in 1982. He was 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 was a guest lecturer before the Canadian Bar Association, the Ontario Trial Lawyers Association and Le Bureau de Quebec. He had graded exams at the Bar Admission Course and was a guest lecturer before numerous health care associations and facilities.

David’s trial practice included personal injury law, insurance law, bad faith litigation, breach of contract, medical malpractice and estate litigation.

In the community, David coached youth hockey and soccer teams. He was a local cub and scout leader. He served on the Board of Directors of his local daycare and his local Rate Payer’s Association. He was 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 was an active hockey player and equestrian.

David retired from practice in 2019.

Practice Areas:

  • Personal Injury
  • Insurance Law
  • Bad Faith Litigation
  • Breach of Contract
  • Estate Litigation

Education

  • Bachelor of Arts, Dalhousie University (1978)
  • Bachelor of Laws, Queens University Law School (1982)

Professional Accreditations and Affiliations

  • LEXPERT Ranked Lawyer
  • Listed in Best Lawyers® Canada since 2016
  • 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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  • 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

  • Best Lawyers in Canada 2019

    We are proud to announce that 16 Thomson Rogers partners have been selected for inclusion in the 13th Edition of The Best LawyersTM in Canada. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 87,000 industry … Continued

  • Best Lawyers in Canada 2018

    Posted August 22, 2017

    Published annually by Best Lawyers®, The Best Lawyers in Canada is one of the country’s most highly regarded legal directories. Inclusion is based on an exhaustive peer-review survey and a thorough authentication process. We are proud to announce that the following 17 lawyers from Thomson Rogers were selected for inclusion in 12th Edition of The … Continued

  • BIAN Birmingham Invitational 2017

    On behalf of Trianda and Ryan Birmingham, Thomson Rogers and TR lawyer David Payne are pleased to announce that the 2nd annual Birmingham Invitational Golf Tournament is taking place on Wednesday, September 13, 2017, in support of Brain Injury Association of Niagara (BIAN). The inaugural Birmingham Invitational saw 70 golfers raise over $5200 in support … Continued

  • 2017 Canadian Legal Lexpert® Directory Rankings

    We are proud to announce that 14 of Thomson Rogers’ lawyers have earned the distinction of being listed in the 2017 Canadian Legal Lexpert® Directory. To be included in the directory is an acknowledgement of excellence by their peers. Congratulations to: DAVID NEILL – listed as  Repeatedly Recommended in Plaintiff Personal Injury Litigation PATRICK SCHMIDT – listed as Consistently … Continued

  • Kerry’s Head for the Hills Trail Race 2017

    If you’re a runner or love trying new types of workouts, the Kerry’s Head for the Hills Trail Race is definitely worth considering. Taking place in beautiful St. Catharines, this race takes you off-road to get in touch with nature while you’re burning calories, making new acquaintances and ultimately throwing your support behind the Brain … Continued

  • Know Your Rights at Home, at Work and on the Road

    Windsor Regional Hospital | October 13, 2016

    Thomson Rogers’ personal injury lawyers David Payne and Darcy Merkur will be hosting a Lunch n’ Learn at Windsor Regional Hospital on October 13, 2016. Their presentation will focus on various legal rights and issues that health care workers should be aware of. For more details, see Agenda

  • Best Lawyers in Canada 2017

    August 10, 2016

    Published annually by Best Lawyers®, The Best Lawyers in Canada is one of the country’s most highly regarded legal directories. Inclusion is based on an exhaustive peer-review survey and a thorough authentication process. We are proud to announce that the following 14 lawyers from Thomson Rogers were selected for inclusion in 11th Edition of The Best … Continued

  • 2016 Canadian Legal Lexpert® Directory Rankings

    Posted June 21, 2016

    We are proud to announce that 15 of Thomson Rogers’ lawyers have earned the distinction of being listed in the 2016 Canadian Legal Lexpert® Directory. To be included in the directory is an acknowledgement of excellence by their peers. Congratulations to: Roger T. Beaman – Repeatedly Recommended in Property Development Craig Brown – Most Frequently Recommended in Plaintiff Personal Injury … Continued

  • BIAN Conference 2016: Demystifying Brain Injury

    Thomson Rogers is a proud Platinum Sponsor of the Brain of Association of Niagara’s 2016 conference. The focus of this year’s conference will be on Demystifying Brain Injury. DATE: Thursday, October 27, 2016 LOCATION: American Conference Resort and Spa | N8444 Lundy’s Lane, Niagara Falls, Ontario KEYNOTE SPEAKERS: Dr. Abe Snaiderman – Director, Neuropsychiatry Clinic, Brain … Continued

  • PIA Law Lawyers Launch Innovative New Personal Injury Module

    December 11, 2015

    Recently, lawyers representing all three of the PIA Law firms worked alongside LexisNexis Canada to help create the Lexis Practice Advisor’s Personal Injury (Ontario) module. The module was designed as a comprehensive guide on how to prepare a personal injury case. Lawyers from across Canada will now have an opportunity to access documents prepared for … Continued

  • Best Lawyers in Canada 2016

    August 24, 2015

    Published annually by Best Lawyers®, The Best Lawyers in Canada is one of the country’s most highly regarded legal directories. Inclusion is based on an exhaustive peer-review survey and a thorough authentication process. We are proud to announce that the following 14 lawyers from Thomson Rogers were selected for inclusion in the 10th Edition of The … Continued

  • TR Lawyers Feed the Hungry

    Posted September 25, 2014

    Thomson Rogers lawyers served breakfast this morning as part of the Toronto Lawyers Feed the Hungry program operated through the Law Society.

    If you would like more information about the program or would like to donate, please visit: Lawyers Feed the Hungry Toronto.

  • Clear Your Snow

    CBC Ontario Morning | February 6, 2014

    David Payne speaks about occupiers liability after a snow fall. Listen to the interview on CBC Ontario Morning below:

  • Clear Your Snow

    CBC Metro Morning | February 5, 2014

    View article and listen to the interview.

  • Advocacy Panel

    Back to School Conference with Thomson Rogers and Toronto ABI Network | September 12, 2013

    Panel discussion at the Back to School Conference – Hospital to Home: Working Collaboratively Moderator: Stacey L. Stevens, Thomson Rogers Panel: Ruth Wilcock, OBIA Katie Muirhead, OBIA Tammy Kirkwood, FAIR Nick Gurevich, Ontario Rehab Alliance David A. Payne, Thomson Rogers The Guardianship Application process: Paper The important role of the client’s health care providers View PDF … Continued

  • Cottage Liability

    CBC Radio One

    The cottage is a place where you can put your usual worries to rest, and the last thing you need is a legal hassle involving your property and even worse, damage or injury. But it happens all too often.

    Listen to the interview.

  • Insurers Keep Trying to Put the CAT Back in the Bag. Don’t Let Them.

    The accident benefits maze is difficult to navigate at the best of times. This is especially true for victims of a traumatic brain injury (TBI). The Ontario Government recognized this special vulnerability with a 2010 regulation that declared that any individual with a Glasgow Coma Scale (GCS) reading of 9 or less (as the result … Continued

  • When is a request for an insurance exam ‘reasonably necessary’?

    Law Times | by Julius Melnitzer | October 19, 2009

    Getting insurance claimants to submit to a medical exam has become harder due to a recent decisions by the Financial Services Commission of Ontario. When Ontario abolished designated assessment centres, it gave insurers the right to request medical examinations for each benefit for which a claimant applied. The only limit on the number of examinations was … Continued

  • Catastrophic SABS Amendments: How Catastrophic Are They?

    Brain Injury Association of Niagara Conference: Demystifying Brain Injury | October 27, 2016

    On June 1, 2016, significant changes to the Statutory Accident Benefits Schedule (SABS) came into effect. These changes include: Cutting the combined limit for attendant care benefits and medical rehabilitation benefits from $2,000,000.00 to $1,000,000.00; Cutting off non-earner benefits after 2 years; Eliminating the GCS criterion for catastrophic impairment; The introduction of diagnostic imaging and … Continued

  • Issues Relating to Patients Who Lack Legal Capacity to Make Their Own Choices

    Windsor Regional Hospital | October 13, 2016

    The purpose of this paper is to not only alert the reader to the legal test for capacity and the accompanying requirement of a guardian but to hopefully instruct on when a guardian is not required, thereby allowing the ABI sufferer to maximize their own independence and quality of life. Legal Test for Guardianship: Property … Continued

  • Major Accident Benefits Changes Come into Effect on June 1st, 2016

    Accident Benefits Summary Charts (for accident on or after June 1, 2016)

    To help those in Ontario understand the major automobile insurance changes and the new reduced accident benefits limits, Thomson Rogers has prepared two useful accident benefits summary charts. The first chart: Statutory Accident Benefits Schedule Summary (for accidents on or after June 1, 2016) highlights the accident benefits available for each of the three categories of … Continued

  • An Inside Look at a Personal Injury Case – Alex

    Accident Benefit Reporter - Volume 16, Issue 1 | May 2015

    It started as a typical December day in Sudbury when Alex’s friend offered to drive him home. Alex, an 18-year old, healthy, young man was just finishing up high school. Christmas had ended and New Year’s Day was around the corner. It was that time of year when nobody worked and nothing got done. On this fateful day, … Continued

  • Insurers Keep Trying to Put the CAT Back in the Bag. Don’t Let Them

    Published in the Accident Benefit Reporter, Volume 14, Issue 1

    The accident benefits maze is difficult to navigate at the best of times. This is especially true for victims of a traumatic brain injury (TBI). The Ontario Government recognized this special vulnerability with a 2010 regulation that declared that any individual with a Glasgow Coma Scale (GCS) reading of 9 or less (as the result of … Continued

  • Paediatric Catastrophic Impairment – Passing the Test

    Presented at the Back to School Conference with Thomson Rogers | January 5, 2012

    David Payne provides and in depth presentation regarding paediatric catastrophic impairment. Since October 1, 2003 with the enactment of Ontario Regulation 281/03, the catastrophic determination for persons under the age of 16 has been subject to special considerations. The issue is what are those special considerations and how do we apply them to an infant’s … Continued

  • Impaired Driving Civil Cases

    presented at the 2011 MADD Canada's Victims' Weekend and Candlelight Vigil of Hope & Remembrance

  • How Plaintiff Assessments will be Impacted by the New SABS

    Sibley & Associates Inc. AGM

  • How to Work with the New SABS

    Presented at Sudbury Regional Hospital

  • How Ontario’s New Automobile Legislation is Impacting Your Patients and Their Treatment

    presented at Hôtel-Dieu Grace Hospital

  • An Overview of the New SABS & Guardianship: What are My Rights?

    Hero's Journey, Trauma, Transitions and Thriving Conference

  • Finding Solutions to Key Challenges

    presented at the Navigating the New SABS: Practical Solutions Conference with Thomson Rogers and the Toronto ABI Network

    Squeezing the Most Out of $50,000 One of the important challenges facing accident victims who have suffered a serious injury, that is not catastrophic or may not be determined to be catastrophic until the second anniversary following the accident, is making the best use out of the lower medical and rehabilitation benefit.  It should be … Continued

  • 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" | October 28, 2009

    View PDF of PowerPoint Presentation.

  • The Proposed Accident Benefit Changes

    Presented at the Back to School Conference with Thomson Rogers and the Toronto ABI Network | September 10, 2009

    View PDF of PowerPoint Presentation.

  • Catastrophic Impairment Rebuttals

    Canadian Society of Medical Evaluators conference titled "Insurers' Examination: Successful Rebuttals"

  • Dealing with Insurers in a Post-DAC World – What the Past 240 Days Have Taught Us

    Presented at the Brain Injury Association of Niagara Conference | October 26, 2006

    View PowerPoint Presentation.

  • Avoid The Delay! How to obtain Benefits on an Urgent Basis

    Chronic Pain Management Unit at Hamilton Health Sciences Corporation

    We all know of instances where an insurer will not approve benefits urgently required. There is a tendency to assume that once a requested benefit is in dispute, it will take a significant period of time to resolve, leaving accident victims without the care, treatment and benefits they urgently require. This is not the case. … Continued

  • Accident Benefits & Spinal Cord Injuries under Bill 198

    Presented at Lyndhurst | June 23, 2005

    View PDF of PowerPoint Presentation.

  • Developing the Bad Faith Claim against the First Party Auto Insurer

    Presented at Ontario Trial Lawyer’s Association: Winning the Bad Faith Case IV | April 2, 2002

    Ontario law recognizes quite clearly the statutory accident benefit insurer’s duty of the utmost good faith to its insured and its potential liability for punitive damages should it be breached.

    Read the full paper.

  • Ontario Auto Insurance Bill 198 and Other Changes – What the Health Care Professionals Need to Know

    Leonard H. Kunka and David A. Payne, Ontario Auto Insurance Bill 198 and Other Changes – What the Health Care Professionals Need to Know, presented on February 17, 2004

    Presentation: Ontario Auto Insurance, Bill 198 and Other Changes