Who is David J. Evans?

David J. Evans is a arbitrator at the Ontario Financial Services Commission - Dispute Resolution Services with 42 decisions on record from 1995 to 2004. Key areas include statutory accident benefits schedule matters (sabs), other tribunals, administrative law.

What tribunal does David J. Evans sit on?

David J. Evans sits on the Ontario Financial Services Commission - Dispute Resolution Services.

What areas of law does David J. Evans decide?

David J. Evans's most common areas include Statutory Accident Benefits Schedule matters (SABS) (41 decisions), Other Tribunals (5 decisions), Administrative Law (1 decisions). David J. Evans has handled 42 decisions across 3 areas.

How many decisions has David J. Evans made?

David J. Evans has 42 decisions on record from 1995 to 2004.

Who frequently appears before David J. Evans?

Representatives who frequently appear before David J. Evans include Gordon Good, D'Arcy McGoey, Terry R. Shillington.

/Adjudicator

minicounsel

Statutory Accident Benefits Schedule matters (SABS)

Other Tribunals

Administrative Law

David J. Evans

Arbitrator·Ontario Financial Services Commission - Dispute Resolution Services·Since 1995

cases · 10 yrs · OFSCDRS

Trial

Motion

Costs

Appeal

Sentencing

Arbitrator· 42

David J. Evans

OFSCDRS0 cases1995–2004

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 19, 1995

A backhoe is an automobile under the Insurance Act for the purpose of statutory accident benefits.

The applicant was injured when struck by a backhoe while walking on a closed street.

She received statutory accident benefits from her automobile insurer, State Farm.

State Farm sought repayment, arguing that a backhoe is not an 'automobile' under the Insurance Act and therefore coverage did not apply.

On a preliminary issue, the arbitrator held that a backhoe, being a self-propelled vehicle, falls within the definition of 'automobile' under section 1 of the Insurance Act.

The applicant was an 'insured person' involved in an 'accident' and was not required to repay the benefits.

Caterina Pintus v. State Farm Mutual Automobile Insurance Company, 1995 ONICDRG 74

Arbitrator determines gross weekly income for accident benefits, allocating business bonus over 52-week period.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.

A dispute arose regarding the calculation of the applicant's gross weekly income under section 12 of the Statutory Accident Benefits Schedule.

The applicant, a 50% shareholder in a masonry business, had received a $6,000 bonus shortly before the accident.

The arbitrator found that the bonus was income but should be allocated over the 52 weeks preceding the accident rather than attributed solely to the four weeks prior.

Applying the formula in paragraph 12(7)1 of the Schedule, the arbitrator determined the applicant's gross weekly income to be $521.63 and awarded the applicant his arbitration expenses.

Sajkowski v. Jevco Insurance Company, 1995 ONICDRG 48

for Allstate Insurance Company of Canada

Todd J. McCarthyCounsel
1 appearance

for AXA Insurance (Canada)

David MurrayCounsel
1 appearance

for CAA Insurance Company (Ontario)

Jonathan S.D. WakelinCounsel
1 appearance

for Canada Life Casualty Insurance Company

Luke C. MullinCounsel
1 appearance

for Canadian General Insurance Group

Gregory P. HeckelCounsel
1 appearance

for Coseco Insurance Co. /HB Group/Direct Protect

Alexander M. VoudourisCounsel
1 appearance

for Coseco Insurance Co./HB Group/Direct Protect

Theodore P. CharneyCounsel
1 appearance

for Dominion of Canada General Insurance Company

D'Arcy McGoeyCounsel
2 appearances

for Economical Mutual Insurance Company

Helen FriedmanCounsel
1 appearance

for Guarantee Company of North America

Terry R. ShillingtonCounsel
2 appearances
Joanne BlacklockCounsel
1 appearance

for Guardian Insurance Company of Canada

Alexander VoudourisCounsel
1 appearance

for Jevco Insurance Company

David MurphyCounsel
1 appearance

for Lambton Mutual Insurance Company

Barry J. SullivanCounsel
1 appearance

for Liberty Mutual Insurance Company

William G. WoodwardCounsel
1 appearance
Pamela A. BrownleeCounsel
1 appearance
Pamela BrownleeCounsel
1 appearance

for Mr. and Ms. Pelzner

Roland SpiegelAgent
1 appearance

for Mr. Carruthers

Barbara QuickCounsel
1 appearance
Maia L. BentCounsel
1 appearance

for Mr. Clipperton

Gordon GoodCounsel
4 appearances

for Mr. Di Santo

Michael J. GillenCounsel
1 appearance

for Mr. Hernandez

William A. GarayCounsel
2 appearances

for Mr. Louvarz

Michael KrylovAgent
1 appearance
Robert IpacsCounsel
1 appearance

for Mr. Mai

Karen Kwan AndersonCounsel
1 appearance

for Mr. McDonald

Richard J.T. ShaheenCounsel
2 appearances

for Mr. Moody

Robert W. VitolsCounsel
1 appearance

for Mr. Olfati

Majid YazdaniCounsel
1 appearance

for Mr. Panou

Theodore P. CharneyCounsel
1 appearance

for Mr. Prajza

Jeffrey RaphaelCounsel
1 appearance

for Mr. Rahic

Karl ArvaiCounsel
1 appearance

for Mrs. Chen

Gary SpectorCounsel
1 appearance

for Mrs. Johnston

Donald JohnstonAgent
1 appearance

for Mr. Smillie

Nicholas W. FursmanCounsel
1 appearance

for Mrs. Yaremko

David ArnCounsel
1 appearance

for Mrs. Yee

Gary E. FlaxbardCounsel
1 appearance

for Mr. Szabo

Chris NicolasCounsel
1 appearance

for Mr. Warwick (minor)

Margaret A. HoyCounsel
1 appearance

for Ms. Campeau

James E. S. AllinCounsel
1 appearance

for Ms. Fernihough

Chris ArgiropoulosCounsel
1 appearance

for Ms. Hodgins-Babin

Alden M. DychtenbergCounsel
1 appearance

for Ms. Howard

John JohnsonCounsel
1 appearance

for Ms. Ledrew

Tricia McAvoyCounsel
1 appearance

for Ms. Martinov

Vadim MalyshevAgent
1 appearance

for Ms. Povolotcaia

Robert IpacsCounsel
1 appearance

for Ms. Vogdanou

Wendy M. Moore JohnsCounsel
1 appearance

for Pafco Insurance Company Limited

Stuart AirdCounsel
1 appearance

for Personal Insurance Company of Canada

Ralph D'AngeloCounsel
1 appearance

for Pilot Insurance Company

Martin E. TiidusCounsel
1 appearance

for Primmum Insurance Co.

Jamie PollackCounsel
1 appearance

for Royal & SunAlliance Insurance Company of Canada

Joan TakahashiCounsel
1 appearance
Peter KazdanCounsel
1 appearance

for State Farm

Joseph J. SullivanCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

Joanna M. ChadwickCounsel
1 appearance
Matthew G. DuffyCounsel
1 appearance
Robert S. FranklinCounsel
1 appearance

for the Applicant

Donald JohnstonAgent
1 appearance
Graeme ErskineSelf-represented
1 appearance
John ScheuldermanCounsel
1 appearance
Michael B. Bean, Q.C.Counsel
1 appearance
Robert SchihlSelf-represented
1 appearance

for The Dominion of Canada General Insurance Company

Joan TakahashiCounsel
1 appearance

for the Insurer

John McNeilCounsel
1 appearance
Stuart AirdCounsel
1 appearance

for Wawanesa Mutual Insurance Company

Darrell MarchCounsel
1 appearance

for Wellington

Colin S. JacksonCounsel
1 appearance

for Zachery and Robert Bresnahan

Charlia D. von BuchwaldCounsel
1 appearance

for Zurich Insurance Company

Ian M. BoundyCounsel
2 appearances
Kenneth WrightCounsel
2 appearances

for Zurich North America Canada

Ian M. BoundyCounsel
2 appearances
Richard LevinCounsel
1 appearance

Wellington's Officer

Hanna McQuaidAgent
1 appearance

Decisions

Years active

Tribunals

0.4

cases/mo

OFSCDRS42(100%)

Decision types

motion

trial

costs

/Adjudicator

David J. Evans — Arbitrator

Statutory Accident Benefits Schedule matters (SABS)

Other Tribunals

Administrative Law

David J. Evans

Arbitrator·Ontario Financial Services Commission - Dispute Resolution Services·Since 1995

cases · 10 yrs · OFSCDRS

Trial

Motion

Costs

Appeal

Sentencing

Arbitrator· 42

David J. Evans

OFSCDRS0 cases1995–2004

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 19, 1995

A backhoe is an automobile under the Insurance Act for the purpose of statutory accident benefits.

The applicant was injured when struck by a backhoe while walking on a closed street.

She received statutory accident benefits from her automobile insurer, State Farm.

State Farm sought repayment, arguing that a backhoe is not an 'automobile' under the Insurance Act and therefore coverage did not apply.

On a preliminary issue, the arbitrator held that a backhoe, being a self-propelled vehicle, falls within the definition of 'automobile' under section 1 of the Insurance Act.

The applicant was an 'insured person' involved in an 'accident' and was not required to repay the benefits.

Caterina Pintus v. State Farm Mutual Automobile Insurance Company, 1995 ONICDRG 74

Michael B. Bean, Q.C.

1 case1995–1995

John McNeil

9 cases1995–2022

David J. Evans

OFSCDRS0 cases1995–2004

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 8, 1995

Arbitrator determines gross weekly income for accident benefits, allocating business bonus over 52-week period.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.

A dispute arose regarding the calculation of the applicant's gross weekly income under section 12 of the Statutory Accident Benefits Schedule.

The applicant, a 50% shareholder in a masonry business, had received a $6,000 bonus shortly before the accident.

The arbitrator found that the bonus was income but should be allocated over the 52 weeks preceding the accident rather than attributed solely to the four weeks prior.

Applying the formula in paragraph 12(7)1 of the Schedule, the arbitrator determined the applicant's gross weekly income to be $521.63 and awarded the applicant his arbitration expenses.

Sajkowski v. Jevco Insurance Company, 1995 ONICDRG 48

Page 3 of 3 (42 cases)

for Allstate Insurance Company of Canada

Todd J. McCarthyCounsel
1 appearance

for AXA Insurance (Canada)

David MurrayCounsel
1 appearance

for CAA Insurance Company (Ontario)

Jonathan S.D. WakelinCounsel
1 appearance

for Canada Life Casualty Insurance Company

Luke C. MullinCounsel
1 appearance

for Canadian General Insurance Group

Gregory P. HeckelCounsel
1 appearance

for Coseco Insurance Co. /HB Group/Direct Protect

Alexander M. VoudourisCounsel
1 appearance

for Coseco Insurance Co./HB Group/Direct Protect

Theodore P. CharneyCounsel
1 appearance

for Dominion of Canada General Insurance Company

D'Arcy McGoeyCounsel
2 appearances

for Economical Mutual Insurance Company

Helen FriedmanCounsel
1 appearance

for Guarantee Company of North America

Terry R. ShillingtonCounsel
2 appearances
Joanne BlacklockCounsel
1 appearance

for Guardian Insurance Company of Canada

Alexander VoudourisCounsel
1 appearance

for Jevco Insurance Company

David MurphyCounsel
1 appearance

for Lambton Mutual Insurance Company

Barry J. SullivanCounsel
1 appearance

for Liberty Mutual Insurance Company

William G. WoodwardCounsel
1 appearance
Pamela A. BrownleeCounsel
1 appearance
Pamela BrownleeCounsel
1 appearance

for Mr. and Ms. Pelzner

Roland SpiegelAgent
1 appearance

for Mr. Carruthers

Barbara QuickCounsel
1 appearance
Maia L. BentCounsel
1 appearance

for Mr. Clipperton

Gordon GoodCounsel
4 appearances

for Mr. Di Santo

Michael J. GillenCounsel
1 appearance

for Mr. Hernandez

William A. GarayCounsel
2 appearances

for Mr. Louvarz

Michael KrylovAgent
1 appearance
Robert IpacsCounsel
1 appearance

for Mr. Mai

Karen Kwan AndersonCounsel
1 appearance

for Mr. McDonald

Richard J.T. ShaheenCounsel
2 appearances

for Mr. Moody

Robert W. VitolsCounsel
1 appearance

for Mr. Olfati

Majid YazdaniCounsel
1 appearance

for Mr. Panou

Theodore P. CharneyCounsel
1 appearance

for Mr. Prajza

Jeffrey RaphaelCounsel
1 appearance

for Mr. Rahic

Karl ArvaiCounsel
1 appearance

for Mrs. Chen

Gary SpectorCounsel
1 appearance

for Mrs. Johnston

Donald JohnstonAgent
1 appearance

for Mr. Smillie

Nicholas W. FursmanCounsel
1 appearance

for Mrs. Yaremko

David ArnCounsel
1 appearance

for Mrs. Yee

Gary E. FlaxbardCounsel
1 appearance

for Mr. Szabo

Chris NicolasCounsel
1 appearance

for Mr. Warwick (minor)

Margaret A. HoyCounsel
1 appearance

for Ms. Campeau

James E. S. AllinCounsel
1 appearance

for Ms. Fernihough

Chris ArgiropoulosCounsel
1 appearance

for Ms. Hodgins-Babin

Alden M. DychtenbergCounsel
1 appearance

for Ms. Howard

John JohnsonCounsel
1 appearance

for Ms. Ledrew

Tricia McAvoyCounsel
1 appearance

for Ms. Martinov

Vadim MalyshevAgent
1 appearance

for Ms. Povolotcaia

Robert IpacsCounsel
1 appearance

for Ms. Vogdanou

Wendy M. Moore JohnsCounsel
1 appearance

for Pafco Insurance Company Limited

Stuart AirdCounsel
1 appearance

for Personal Insurance Company of Canada

Ralph D'AngeloCounsel
1 appearance

for Pilot Insurance Company

Martin E. TiidusCounsel
1 appearance

for Primmum Insurance Co.

Jamie PollackCounsel
1 appearance

for Royal & SunAlliance Insurance Company of Canada

Joan TakahashiCounsel
1 appearance
Peter KazdanCounsel
1 appearance

for State Farm

Joseph J. SullivanCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

Joanna M. ChadwickCounsel
1 appearance
Matthew G. DuffyCounsel
1 appearance
Robert S. FranklinCounsel
1 appearance

for the Applicant

Donald JohnstonAgent
1 appearance
Graeme ErskineSelf-represented
1 appearance
John ScheuldermanCounsel
1 appearance
Michael B. Bean, Q.C.Counsel
1 appearance
Robert SchihlSelf-represented
1 appearance

for The Dominion of Canada General Insurance Company

Joan TakahashiCounsel
1 appearance

for the Insurer

John McNeilCounsel
1 appearance
Stuart AirdCounsel
1 appearance

for Wawanesa Mutual Insurance Company

Darrell MarchCounsel
1 appearance

for Wellington

Colin S. JacksonCounsel
1 appearance

for Zachery and Robert Bresnahan

Charlia D. von BuchwaldCounsel
1 appearance

for Zurich Insurance Company

Ian M. BoundyCounsel
2 appearances
Kenneth WrightCounsel
2 appearances

for Zurich North America Canada

Ian M. BoundyCounsel
2 appearances
Richard LevinCounsel
1 appearance

Wellington's Officer

Hanna McQuaidAgent
1 appearance

Decisions

Years active

Tribunals

0.4

cases/mo

OFSCDRS42(100%)

Decision types

motion

trial

costs

Page 3 of 3 (42 cases)