Back to Team

David Raposo

Partner

David Raposo joined the firm in 2006 and became a partner in 2013. Since his call to the bar in 2004, David has restricted his practice to the defence of insurers with an emphasis on first party accident benefit disputes.

He represents insurers at all levels of Court in Ontario as well as the Licence Appeal Tribunal.

David is the Chair of the Canadian Defence Lawyers Accident Benefits Substantive Law Committee.

David attended the University of Windsor and obtained an Honours Bachelor of Arts degree in both Criminology and Psychology in 2000.

He continued to receive his Juris Doctor (J.D.) degree from the University of Windsor in 2003 and was called to the bar in 2004. David also successfully completed the Intensive Trial Advocacy Course at Osgoode Hall Law School in 2006.

LECTURES

 

Chair, Section 7 of the LAT Act and Limitation Periods, a discussion on the implications of the Divisional Court appeal decision in Fratarcangeli et al. v. North Blenheim et al., Canadian Defence Lawyers, July 15, 2021.

 

Lecturer, Accident Benefits Update, 16th Annual Personal Injury Law and Practice Update, Osgoode Hall Law School Professional Development, April 29, 2021.

 

Co-Chair, “Don’t CATch COVID, CATch up on CATastrophic Impairment”, Medico-Legal Society of Toronto, annual program on Catastrophic Impairment, February 24, 2021.


Co-Chair, “Why is everyone HISS-terical over the new CAT definition”?, Medico-Legal Society of Toronto, annual program on Catastrophic Impairment, February 12, 2020.

Lecturer, “Section 25 CAT Assessments: What is and what is not payable”, Dutton Brock LLP Industry Seminar, November 2019.

 

Co-Chair, Canadian Defence Lawyers Annual ‘Fall Classic’ program on Accident Benefits, November 7, 2019. Co-Chair, “Has the CAT world become a CATastrophe?”, Medico-legal Society of Toronto, annual program on Catastrophic Impairment, February 27, 2019.

 

Keynote Speaker, “The LAT in Review”, BDO’s 22nd Annual Accident Benefits Conference, April 26, 2018.

 

Panelist, “Mediating the AB Claim”, Canadian Defence Lawyers Spring Symposium, April 19, 2018.

 

Lecturer, “Insurer Examination Notices, What Is And What is Not Required”, Ontario Bar Association, Accident Benefits Update, February 28, 2018.

 

Co-Chair, “Don’t be “CAT”atonic”, Medico-Legal Society of Toronto, annual program on Catastrophic Impairment, February 21, 2018.

 

Lecturer, “Medical Reasons and Disability Certificates, Hooray!” Dutton Brock LLP Industry Seminar, November 2017.

 

Co-Chair, “CAT-apult yourself into the new world of CAT and LAT”, annual program on Catastrophic Impairment, February 1, 2017.

 

Lecturer, “Reasons Reasons Reasons: Medical and Any Other Reasons!”, a technical review of the requirement for “reasons” in s.33 and s.38(8) of the SABS, Dutton Brock LLP Industry Seminar, November 2016.

 

Co-Chair, Kitty/CAT: The old and the new”, Medico-Legal Society of Toronto annual program on Catastrophic Impairment, February 24, 2016.

 

Lecturer, “Legislative Update: A Review of Proposed Changes to Dispute Resolution Services and Regulation 347/13 in the context of Statutory Accident Benefits”, Dutton Brock LLP Industry eCounsel Newsletter, November 2015.

 

Lecturer, “Retroactive Attendant Care”, Dutton Brock LLP Annual Industry Seminar, November 20, 2015.

 

Lecturer, “Top 5 Non-CAT Cases of 2015”, Canadian Defence Lawyers Annual “Fall Classic” Accident Benefits Program, October 2015.

 

Lecturer, “Legislative Update: Bill 15, Fighting Fraud and Reducing Automobile Insurance Rate Act”, Dutton Brock LLP Industry Seminar, November, 2014.

 

Lecturer, Update on Accident Benefits, Civil Litigation Colloquium 2014 – North Eastern Ontario Continuing Professional Development Conference (Sudbury, ON). 

 

Lecturer, “Requests For Information And Notices of Suspension Pursuant to Section 33 of the SABS”, Dutton Brock LLP Annual Industry Seminar, 2013.

 

Co-Chair, “Practice Makes Perfect”, 2013 Annual Accident Benefits Professional Development Program, Canadian Defence Lawyers.


Co-Chair, 2012 Annual Accident Benefits Professional Development Program, Canadian Defence Lawyers.

Lecturer, “Critical Accident Benefits Updates”, Dutton Brock LLP Industry Seminar, October, 2011. 

 

PUBLICATIONS 

 “Accident Benefits Update: A Sample and Summary of Hot Topics”, Osgoode Hall Law School Professional Development, April 2021. 

 

“The LAT Is Not Kitten Around When It Comes to CAT Whole Person Impairment Ratings: A Review of P.P. v. Wawanesa, 2020 CanLII 94798, Canadian Defence Lawyers Accident Benefits Substantive Law Committee Newsletter, Winter 2021. 

 

“Section 25 CAT Assessments: What Is And What Is Not Payable”, Dutton Brock LLP Industry Seminar, November 2019. 

 

“Insurer Examination Notices: What Is And What Is Not Required”, published by Ontario Bar Association, February 28, 2018.

 

“Medical Reasons and Disability Certificates, Hooray!”, Dutton Brock LLP Industry Seminar, November 2017. 

 

“Reasons Reasons Reasons: Medical And Any Other Reasons!”, a technical review of the requirement for ‘reasons’ in s.33 and s.38(8) of the SABS, Dutton Brock LLP Industry Seminar, November 2016. 

 

“Legislative Update: A Review of Proposed Changes to Dispute Resolution Services and Regulation 347/13 in the context of Statutory Accident Benefits, Dutton Brock LLP Industry eCounsel Newsletter, November 2015. 

 

“Retroactive Attendant Care”, Dutton Brock LLP Industry Seminar,  November 2015. 

 

“Top 5 Non-CAT Cases of 2015″, Canadian Defence Lawyers Annual ‘Fall Classic” Accident Benefits Program, October 2015. 

 

“Bill 15, Fighting Fraud and Reducing Automobile Insurance Rate Act”, Dutton Brock LLP Industry Seminar, November 2014.

 

“The Wahdipur Factor: Requests For Information And Notices of Suspension Pursuant to Section 33 of the SABS”, Dutton Brock LLP Annual Industry Seminar, 2013.

 

“Critical Accident Benefit Updates”, Dutton Brock LLP Industry Seminar, October, 2011. 

 

“Pastore v. Aviva, 2011 ONSC 2164 (CanLII): Divisional Court Restricts Catastrophic Designations Based on Mental and Behavioural Disorders, Dutton Brock LLP Industry eCounsel Newsletter. 

 

“Catastrophic Impairment Update: Court of Appeal in Kusnierz v. Economical, 2011 ONCA 823 (CanLII), confirms physical impairments can be combined with psychological impairments to achieve the catastrophic threshold within the Statutory Accident Benefits Schedule, Dutton Brock LLP Industry eCounsel Newsletter.

 

“Babakar v. Brown, 2010 ONSC 255: Divisional Court Panel Confirms Cross-Examination of Experts Best Left for Trial”, Medico-Legal Society of Toronto, Spring, 2010. 

 

“Crafty Plaintiffs Can Win Gold Medal Twice’, a review of the implications and interplay between awards in accident benefit and tort claims arising in Stokes v. Desjardins, 2009 CanLII 45320 (ON SC). 

 

“Motions to Compel Videotaping Medical Assessments: A Fine Art”, Dutton Brock LLP Industry Seminar, Winter 2009. 

 

“Ontario Superior Court of Justice Applies Supreme Court’s Test of Remoteness With Respect to Claims for Psychological Injuries”, Dutton Brock LLP ECounsel Newsletter, Autumn 2009 Edition. 

 

“Belair v. McMichael: Defining ‘Incurred’, Published by Without Prejudice, Official Journal of the Ontario Insurance Adjusters Association, Vol. 72, No. 8, April 2008. 

 

“Rodrigues v. Jevco Insurance Company: The never ending 104 weeks”, Dutton Brock LLP Industry Seminar, November 2007. 

 

“Revised Pre-Approved Framework Guideline, No. 06/07”, Published by the Canadian Defence Lawyers Association, Summer 2007. 

 

“Mamaca v. Coseco Insurance Company: Litigation Privilege In the Context of Accident Benefits Actions Including Claims for Bad Faith”, Dutton Brock LLP Counsel Newsletter, Summer 2007 Edition.

 

 

 

David is a member of:

  • The Law Society of Ontario
  • The Canadian Bar Association
  • The Ontario Bar Association
  • The Toronto Lawyers Association
  • The Medico-Legal Society
  • The Advocates’ Society
  • The Canadian Defence Lawyers Association

Iqbal v. Gore Mutual, 2021 CanLII 64248 (ON LAT).

R.O. v. Dominion, 2021 CanLII 28695 (ON LAT).

Iqbal v. Gore Mutual, 2021 CanLII 11888 (ON LAT).

Baskaran v. The Co-Operators, 2020 CanLII 98730 (ON LAT).

Z.E.A.R. v. Gore Mutual, 2020 CanLII 42667 (ON LAT).

Y.L.C. v. Gore Mutual, 2020 CanLII 12778 (ON LAT).

B.S. v. The Co-Operators, 2019 CanLII 110078 (ON LAT).

R.W. v. The Co-Operators, 2019 CanLII 94056 (ON LAT).

R.H. v. The Co-Operators, 2019 CanLII 94042 (ON LAT).

G.P. v. The Co-Operators, 2019 CanLII 72209 (ON LAT).

Y.H.C. v. The Co-Operators, 2019 CanLII 22194 (ON LAT).

Applicant v. Intact Insurance, 2018 CanLII 130843 (ON LAT).

H.L. v. The Co-Operators, 2018 CanLII 110950 (ON LAT).

I.K. v. Coseco Insurance, 2018 CanLII 97848 (ON LAT).

R.W. v. The Co-Operators, 2018 CanLII 13179 (ON LAT).

D.W. v. The Co-Operators, 2018 CanLII 8092 (ON LAT).

Applicant v. Certas Insurance, 2017 CanLII 99913 (ON LAT).

G.A. v. The Co-Operators, 2017 CanLII 39602 (ON LAT).

H.L. v. The Co-Operators, 2017 CanLII 81577 (ON LAT).

J.U. v. The Co-Operators, 2017 CanLII 59501 (ON LAT).

Applicant v. The Co-Operators, 2017 CanLII 77361 (ON LAT).

Applicant v. The Co-Operators, 2018 CanLII 81959 (ON LAT).

D.W. v. The Co-Operators, 2017 CanLII 148390 (ON LAT).

G.A. v. The Co-Operators, 2017 CanLII 19198 (ON LAT).

Liu v. The Co-Operators (Appeal), 2017 ONSC 3599 (CanLII).

Liu v. The Co-Operators, 2017 CanLII 1554 (ON LAT).

Wannamaker v. The Co-Operators, 2016 CanLII 96170 (ON LAT).

L.W. v. The Co-Operators, 2016 CanLII 93133 (ON LAT).

Aslan et al. v. State Farm Insurance, 2016 ONSC 2725 (CanLII).

Jevco Insurance v. Gore Mutual (Appeal), 2014 ONSC 3741 (CanLII).

Jevco Insurance v. Gore Mutual (Private Arbitration), 2013 CarswellOnt 19137.

Warsame v. State Farm Insurance, 2016 CarswellOnt 10519.

Warsame v. State Farm Insurance, 2016 CarswellOnt 4224.

Maude v. State Farm Insurance, 2014 CarswellOnt 14043.

Albanese v. State Farm Insurance (Appeal), 2011 CarswellOnt 15098.

Albanese v. State Farm Insurance, 2011 CarswellOnt 12357.

Babakar v. Brown (Divisional Court Appeal), 261 O.A.C. 69.

Babakar v. Brown (Motion for Leave to Appeal, Granted), [2009] O.J. No. 2613 (Div. Ct.), 2009 CanLII, 33024 (ON SCDC).

Babakar v. Brown, 95 O.R. (3d) 206), 2009 CanLII 13622 (ON SC).

Babakar v. Brown, 2008 CarswellOnt 8789.

Unifund Assurance v. Wawanesa Insurance (Ellacott), Private Arbitration, 2008.

Williams v. York Fire Insurance (Appeal), 2007 ONCA 479.

Williams v. York Fire Insurance, 2006 CarswellOnt 9188.