David Leitch is a arbitrator at the Ontario Financial Services Commission - Dispute Resolution Services with 87 decisions on record from 1997 to 2010. Key areas include statutory accident benefits schedule matters (sabs), other tribunals, administrative law.

What tribunal does David Leitch sit on?

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

What areas of law does David Leitch decide?

David Leitch's most common areas include Statutory Accident Benefits Schedule matters (SABS) (87 decisions), Other Tribunals (14 decisions), Administrative Law (3 decisions). David Leitch has handled 87 decisions across 5 areas.

How many decisions has David Leitch made?

David Leitch has 87 decisions on record from 1997 to 2010.

Who frequently appears before David Leitch?

Representatives who frequently appear before David Leitch include Ian D. Kirby, John D. Dean, David S. Wilson.

/Adjudicator

minicounsel

David Leitch — Arbitrator

Statutory Accident Benefits Schedule matters (SABS)

Other Tribunals

Administrative Law

Human Rights

Workers' Compensation

David Leitch

Arbitrator·Ontario Financial Services Commission - Dispute Resolution Services·Since 1997

cases · 14 yrs · OFSCDRS

Trial

Motion

Costs

Appeal

Sentencing

Arbitrator· 86Arbitrator· 1

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 24, 1998

Claim for ongoing weekly income benefits dismissed; insurer's claim for repayment of medical benefits also dismissed.

The applicant was injured while a passenger on a bus and received statutory accident benefits.

The insurer terminated weekly income benefits and supplementary medical benefits in 1995.

The applicant sought reinstatement of weekly income benefits, and the insurer sought repayment of medical benefits paid for psychological treatment.

The arbitrator found that the applicant was physically and psychologically capable of returning to work by April 1995, dismissing the claim for ongoing weekly income benefits.

The arbitrator also dismissed the insurer's claim for repayment, finding the psychological treatment received prior to termination was reasonable and beneficial.

Phim Phone Lin v. TTC Insurance Company Limited, 1998 ONFSCDRS 100

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 20, 1998

Application for statutory accident benefits dismissed due to applicant's failure to attend the arbitration hearing.

The applicant applied for statutory accident benefits following an alleged motor vehicle accident.

The insurer denied the claim on the basis that the applicant was not a passenger in a motor vehicle involved in an accident.

The applicant failed to attend the arbitration hearing despite receiving reasonable notice.

The arbitrator proceeded in the applicant's absence pursuant to the Statutory Powers Procedure Act and the Dispute Resolution Practice Code.

As the applicant provided no evidence to support his claim, the application was dismissed.

Long Van Pham v. State Farm Mutual Automobile Insurance Company, 1998 ONFSCDRS 57

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 27, 1998

Statutory accident benefits denied and expenses ordered where arbitrator found alleged rear-end collision was staged.

The applicants sought statutory accident benefits, alleging they were injured when their vehicle was rear-ended.

The insurer denied the claim on the basis that the accident was staged.

At the arbitration hearing on the preliminary issue of whether an accident occurred, the arbitrator accepted expert engineering evidence that the vehicle damage was inconsistent with a rear-end collision.

The arbitrator also found the applicant's testimony lacked credibility due to multiple contradictory statements in previous insurance claims.

The arbitrator concluded the applicants were not injured in the described accident and ordered the applicant to pay $2,000 in expenses for abuse of process.

Bickramjit and Narinder Dhaliwal v. Allstate Insurance Company of Canada, 1998 ONICDRG 113

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 1, 1998

Arbitrator awards partial attendant care and housekeeping benefits for accident-induced reflex sympathetic dystrophy.

The applicant was struck by a motor vehicle as a pedestrian and claimed statutory accident benefits for an orthopaedic mattress, motorized wheelchair, attendant care, and housekeeping expenses.

The insurer terminated benefits, arguing the applicant's ongoing symptoms were due to a pre-existing dependent personality and inactivity rather than the accident.

The arbitrator found the applicant suffered from reflex sympathetic dystrophy (RSD) triggered by the accident.

The arbitrator awarded the wheelchair rental cost and ongoing attendant care and housekeeping benefits at a reduced rate (50%), reflecting the applicant's pre-existing reliance on his family, but denied the claim for an orthopaedic mattress.

Rade Dukic v. State Farm Mutual Automobile Insurance Company, 1998 ONFSCDRS 105

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 9, 1997

Insurer cannot deny accident benefits for misrepresentation if it was immaterial at the time of the accident.

The applicant was involved in a motor vehicle accident and applied for statutory accident benefits.

The insurer refused to pay income replacement benefits, alleging the applicant made a material misrepresentation regarding the ownership and use of the insured vehicles, relying on section 58(3)(a) of the Statutory Accident Benefits Schedule.

The arbitrator found that while misrepresentations were initially made, subsequent amendments to the policy prior to the accident rendered them immaterial to the risk at the time of the accident.

The insurer was therefore not entitled to rely on the exclusion to deny benefits.

Harinder Pal Mander v. General Accident Assurance Co. of Canada, 1997 ONICDRG 234

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 30, 1997

Arbitrator bound by Director's appellate decision on calculating pre-accident income under the Schedule.

The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The sole issue at arbitration was the interpretation of section 12(7) of the Schedule regarding the calculation of pre-accident gross weekly income.

The arbitrator held that he was bound by the Director's Delegate's decision in Scavuzzo, which established that only weeks during which income was earned are included in the averaging calculation.

The arbitrator concluded that the internal appeal system under the Insurance Act makes Director's decisions binding on arbitrators, despite any consensus among arbitrators favouring a different approach.

Maurice Poirier v. Royal Insurance Company of Canada, 1997 ONICDRG 180

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 7, 1997

Applicant entitled to ongoing weekly income benefits as chronic pain prevented suitable alternative employment.

The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.

The insurer terminated benefits, arguing the applicant's ongoing disability was due to pre-existing degenerative changes and that he was not continuously prevented from engaging in suitable alternative employment.

The arbitrator preferred the medical evidence attributing the applicant's chronic pain to the accident.

The arbitrator also accepted vocational evidence that the applicant lacked the education, training, and skills for the alternative jobs proposed by the insurer, and found the applicant was entitled to ongoing weekly income benefits.

Romolo Gneo v. Wellington Insurance Company, 1997 ONICDRG 148

Page 5 of 5 (87 cases)

for Allianz Insurance Company of Canada

William J. McCorristonCounsel
1 appearance
Philippa SamworthCounsel
1 appearance

for Allstate Insurance Company of Canada

Ian D. KirbyCounsel
5 appearances
John D. DeanCounsel
5 appearances
Ryan M. NaimarkCounsel
1 appearance
Thomas ClemenhagenCounsel
1 appearance
Grant R. DowCounsel
1 appearance
John PavoniCounsel
1 appearance
Meredith J. DonohueCounsel
1 appearance

for Aviva Canada Inc.

Grant R. DowCounsel
1 appearance
Robert H. RogersCounsel
1 appearance

for CAA Insurance Company (Ontario)

David A. Di LellaCounsel
1 appearance
Lee SamisCounsel
1 appearance

for Canadian General Insurance Company

A. Wayne EdwardsCounsel
1 appearance

for Certas Direct Insurance Company

Rita UrbonaviciusCounsel
1 appearance

for CGU Insurance Company of Canada

Robert H. RogersCounsel
1 appearance

for Coachman Insurance Company

Jay StolbergCounsel
1 appearance

for Co-operators General Insurance Company

Philippa G. SamworthCounsel
1 appearance
Philippa SamworthCounsel
1 appearance

for Coseco Insurance Co./HB Group/Direct Protect

Catherine ByrneCounsel
1 appearance

for Dominion of Canada General Insurance Company

Joan TakahashiCounsel
1 appearance
William A. McClellandCounsel
1 appearance

for D.W.

Louis MostynCounsel
1 appearance

for Echelon General Insurance Company

Jamie PollackCounsel
1 appearance

for Economical Mutual Insurance Company

Ian D. KirbyCounsel
1 appearance

for General Accident Assurance Co. of Canada

J. Claude BlouinCounsel
1 appearance

for ING Insurance Company of Canada

Brian Evoy-SmithCounsel
1 appearance
Greg BirstonCounsel
1 appearance
Heather KawaguchiCounsel
1 appearance
Jennifer GriffithsCounsel
1 appearance

for Kingsway General Insurance Company

Darrell MarchCounsel
2 appearances
Mark H. FonsecaCounsel
1 appearance

for Lombard General Insurance Company of Canada

Leilah EdroosCounsel
1 appearance

for Mr. Bhada

Daniel FlattCounsel
1 appearance
Gary MazinCounsel
1 appearance
Riaz AhmedCounsel
1 appearance

for Mr. Bouchakra

Michael PantalonyCounsel
1 appearance
Thomas OzereCounsel
1 appearance

for Mr. C

John S. LockhartCounsel
1 appearance

for Mr. C.

John S. LockhartCounsel
1 appearance

for Mr. Cole

David LevyCounsel
3 appearances

for Mr. Embury

Tammy RingCounsel
1 appearance

for Mr. Faerber-MacMillan

G. Joseph FalconeriCounsel
1 appearance

for Mr. Hornick

James E. S. AllinCounsel
1 appearance

for Mr. I.

Alexander VoudourisCounsel
1 appearance

for Mr. Jiwa

Paul A. GemminkCounsel
2 appearances

for Mr. Mariona

Kevin DoanCounsel
1 appearance

for Mr. Miller

Ian D. KirbyCounsel
2 appearances

for Mr. Moons

Maia L. BentCounsel
1 appearance

for Mr. Psikla

Gavin FreitagCounsel
1 appearance

for Mr. Sandhu

Ron E. FolkesCounsel
1 appearance

for Mrs. Antony

David S. WilsonCounsel
1 appearance

for Mrs. Codling-Mokoena

Jeffrey RaphaelCounsel
1 appearance

for Mr. Shehata

L. SpodekCounsel
1 appearance

for Mr. Shung

Carolyn AmendolaCounsel
1 appearance

for Mrs. Khoury

William A. GarayCounsel
1 appearance

for Mr. Smirin

Dimple VermaCounsel
1 appearance

for Mrs. Sharma-Singh

Alexander VoudourisCounsel
1 appearance

for Mrs. Stech

Henry GoldentulerCounsel
1 appearance

for Mrs. Tran

Karen Kwan AndersonCounsel
1 appearance

for Mr. Xiao

Roland SpiegelCounsel
1 appearance

for Ms. A

Ian A. LittleCounsel
1 appearance

for Ms. Abela

Joseph Campisi Jr.Counsel
2 appearances

for Ms. Alper

Albert ConforziCounsel
1 appearance

for Ms. Brown

Rikin MorzariaCounsel
1 appearance

for Ms. C. C.

Alexander VoudourisCounsel
1 appearance

for Ms. Davenport

David S. WilsonCounsel
1 appearance

for Ms. Eade

John H. HornakCounsel
1 appearance

for Ms. Graham

Jadranka CavrakCounsel
1 appearance

for Ms. Hill

Robert IpacsCounsel
1 appearance

for Ms. Horvath

Chris RichardCounsel
1 appearance

for Ms Jimcaale

Paul CapraniCounsel
1 appearance

for Ms. Lazareva

Henry GoldentulerCounsel
1 appearance

for Ms. Lin and Ms. Liu

Sahereh BaghbaniAgent
1 appearance

for Ms. Loyst

Andrew KerrCounsel
1 appearance

for Ms. MacDonald

James I. MariniCounsel
1 appearance

for Ms. Morahan

David DerfelCounsel
1 appearance

for Ms. Mostajo

Altor ShieldsCounsel
2 appearances

for Ms. Najafi Far

Manoucher BaradaranCounsel
1 appearance

for Ms. Nguyen

Algis S. PaceCounsel
1 appearance

for Ms. P

Wendy Moore JohnsCounsel
1 appearance

for Ms. Pang

Philip YeungParalegal
1 appearance

for Ms. Paul at the November 29, 2006 hearing only

Jason SingerCounsel
1 appearance

for Ms. Pepin

Colleen L. BurnCounsel
1 appearance

for Ms. Rattan

Stephen BraithwaiteCounsel
1 appearance

for Ms. Simpson

David S. WilsonCounsel
5 appearances

for Ms. Smyth

G. William CorbyCounsel
1 appearance

for Ms. Tang

Sue ChenAgent
1 appearance

for Ms. Valle

Joseph Campisi Jr.Counsel
1 appearance

for Ms. Wootton

Thomas W. ZwiebelCounsel
1 appearance

for Optimum Insurance Company Inc.

Joan TakahashiCounsel
2 appearances

for Pafco Insurance Company Limited

Derek E. WilsonCounsel
1 appearance

for Pilot Insurance Company

Edmund KentCounsel
1 appearance
Joseph GriffithsCounsel
1 appearance

for Primmum Insurance Co.

Shelley HopkinsCounsel
1 appearance

for RBC General Insurance Company

Mauro D'AgostinoCounsel
1 appearance

for Royal Insurance Company of Canada

Shelley TimmsCounsel
1 appearance

for Royal & SunAlliance Insurance Company of Canada

Stanley C. TessisCounsel
2 appearances

for Scottish & York Insurance Company Limited

Guy FarrellCounsel
1 appearance

for Security National Insurance Co./Monnex Insurance Mgmt. Inc.

Alexander LemppCounsel
2 appearances
Edyta WiezelCounsel
1 appearance

for Security National Insurance Company

Richard F.L. RoseCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

Jonathan B. SchriederCounsel
2 appearances
Eric K. GrossmanCounsel
1 appearance
Casey Van MoorlehamCounsel
1 appearance
Lawrence R. McRaeCounsel
1 appearance
Patrick HoCounsel
1 appearance
Todd J. McCarthyCounsel
1 appearance

for the Applicant

Belende NdemSelf-represented
3 appearances
Miles ObradovichCounsel
2 appearances
Brian A. FortuneCounsel
1 appearance
Alvin SanchezSelf-represented
1 appearance
Andrew KerrCounsel
1 appearance
David S. WilsonCounsel
1 appearance
L. C.Self-represented
1 appearance
Mohamed MussaSelf-represented
1 appearance
Parmanand PrashadCounsel
1 appearance
Phim Phone LinSelf-represented
1 appearance
Reynald BourcierSelf-represented
1 appearance
Steven A. WhiteCounsel
1 appearance
Sue ChenCounsel
1 appearance

for the Applicants

Bickramjit DhaliwalSelf-represented
1 appearance

for the Insurer

J. Claude BlouinCounsel
2 appearances
Ian D. KirbyCounsel
2 appearances
Franceen RogoveinCounsel
1 appearance
Gregg HeckelCounsel
1 appearance
Howard LightleCounsel
1 appearance
W. Casey Van MoorlehemCounsel
1 appearance
Jay StolbergCounsel
1 appearance
Christopher MetsonCounsel
1 appearance
Jeffrey A. GauzeCounsel
1 appearance
Jeremy R. SolomonCounsel
1 appearance
John W. MakinsCounsel
1 appearance
Joseph MarcellinoAgent
1 appearance
Mark L.J. EdwardsCounsel
1 appearance
Mauro D'AgostinoCounsel
1 appearance
Derek E. WilsonCounsel
1 appearance

for the Superintendent of Financial Services

Richard TillmannAgent
1 appearance

for TTC Insurance Company Limited

Leonard WilgusCounsel
1 appearance
Norma PridayCounsel
1 appearance

for Wawanesa Mutual Insurance Company

Ian D. KirbyCounsel
2 appearances
Darrell P. MarchCounsel
2 appearances
Donald G. CormackCounsel
1 appearance

for Zurich Insurance Company

Guy FarrellCounsel
1 appearance
Katherine A. CottonCounsel
1 appearance
William J. McCorristonCounsel
1 appearance

for Zurich North America Canada

Jonathan A. SchwartzmanCounsel
1 appearance

Decisions

Years active

Tribunals

0.6

cases/mo

OFSCDRS87(100%)

Decision types

trial

motion

costs

Page 5 of 5 (87 cases)