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Richard F. Horak

Partner

"Whether acting as a Mediator or lawyer, I strive to satisfy my clients. At the end of the day my clients know that I have done my utmost to secure for them the best possible result, in a fair manner."
Richard F. HorakRichard F. Horak

Bio

Richard currently acts as both a Mediator and as a lawyer. Having practiced in the insurance defence field for more than 35 years, with an emphasis on personal injury claims, he has the experience necessary to be successful as both a Mediator and a lawyer. Over the years Richard has conducted many trials and appeared in Appellate Courts on several occasions. Richard was recently selected by his peers for inclusion in The Best Lawyers in Canada 2017 in the field of Insurance Law.

Richard is married and has two children, one of whom has followed in his footsteps and is working as a lawyer in the insurance defence field. Outside of the law he is an avid tennis and basketball fan.

Education

  • Called to the Bar in Ontario in 1979
  • University of Toronto Law School, 1977
  • University of Toronto, 1974

Affiliations

  • Ontario Bar Association
  • The Advocates Society
  • Canadian Defence Lawyers
  • Medical-Legal Society

Accomplishments

  • Certified Specialist in Civil Litigation

Decisions

Jan
06
2015

Graham (Litigation guardian of) v. Lemay

2015 ONSC 6821

Jan
23
2013

Schmitz v. Lombard General Insurance Co. of Canada

2013 ONSC 7140

Papers & Publications

Jun
2017
Noteworthy

Expert Evidence on Signs of Intoxication – What Evidence Can Be Entered at Trial?

In a trial ruling issued by Justice Rady in the case of Tuff-nail v. Meekes et al, the Court was called upon to determine the extent to which an expert toxicologist was entitled to give opinion evidence.

Apr
2017
Noteworthy

Social Host Liability; The Door Opens a Little Wider

Since the seminal decision in Childs v. Desormeaux [2006] 1 S.C.R. 643, in which the Supreme Court of Canada held that the Defendants did not owe a duty of care to the Plaintiff, counsel and insurers have wondered as to the potential liability of ......

Jul
2016
Noteworthy

Thresholds and Deductibles; The Struggle Continues

In a recent edition of Noteworthy (Volume 2 of 2016) we referenced a number of recent cases in which the courts have dealt with these issues. Two more recent decisions are wor-thy of discussion. 

Apr
2016
Noteworthy

Deductibility of Future Collateral Benefits: Two Helpful Decisions for the Defence

While it has long been understood that Defendants in motor vehicle accident cases are entitled to a deduction for collateral benefits (past and future), in recent years case law has limited the availabil-ity of these deductions. However, two recent decisions have clarified the law in a significant manner.

Dec
2015
Noteworthy

Update on PJI and Deductibles – Substantive or Procedural

Although we continue to await a definitive answer from the Court of Appeal, cases are being decided in which Judges are forced to make rulings on these issues (see the Noteworthy Issue 4 of 2015). One such decision is Cobb v. Long Estate, 2015 ONSC 6799, a decision of Justice Belch.

Jun
2015
Noteworthy

Changes to Pre-Judgment Interest; Substantive or Procedural

As many of you are aware, the Insurance Act was amend-ed as of January 1, 2015, to change the rate of pre-judgment interest for general damages awards arising out of motor vehicle accidents. Previously the mandated rate was 5% per annum; given the state of interest rates over the last several years, this man-dated interest rate was con-siderably higher than "real" interest rates.

Feb
2015
Noteworthy

Moving Forward ... Into the Past; The Relationship Between Counsel and Experts

As we all know, the pace of change in the 21st Century in the legal world (and in the real world) is often dizzying and seems to be ever increasing. Recent decisions of the Supreme Court of Canada and the Ontario Court of Appeal have placed greater emphasis on "culture shifts", the doctrine of "proportionality", etc..

Jun
2014
Noteworthy

Issue 6 - Costs of a Personal Injury Trial; An Expensive (and Risky) Proposition

In the recent decision of Hoang v. Vicentini 2014 ONSC 5893, Justice Darla Wilson provided a lengthy decision (30 pages) dealing with the issue of costs in a fiercely contested action. The trial commenced with a jury, following two mistrials, and lasted approximately seven weeks.

Jan
2014
Noteworthy

Issue 1 - Culture Shifts - Summary Judgment Motions and Experts

Summary Judgment Motions: Rule 20

In what has been described by at least one commentator as a "stunning" Judgment, the Supreme Court of Canada in the decision of Hryniak v. Mauldin, 2014 SCC 7 has delivered a Judgment which seems likely to significantly affect the future of litigation.

Apr
2013
Noteworthy

Issue 4 - An Automobile Insurer must continue to defend its insured after the liability limits of the policy have been paid

In Jevco Insurance Co. v. Malaviya 2013 ONSC 675, Ontario Superior Court of Justice Morgan found that an automobile insurer is obligated to defend its insured after the liability policy limits have been paid.

Presentations of Note

  • 2014 Chronic Pain / Fibromyalgia panelist

News

Aug
16
2016

Three Hughes Amys lawyers have been included in 11th edition of The Best Lawyers in Canada

We are pleased to announce that William (Bill) Chalmers, Richard F. Horak, and Michael S. Teitelbaum have been selected for inclusion in The Best Lawyers in Canada 2017 guide under Insurance Law. A listing in Best Lawyers is widely regar......

Jul
08
2016

Hughes Amys LLP lawyers receive 2016 Lexpert Ranked Lawyer distinction

Hughes Amys LLP wishes to congratulate William S. Chalmers, Jack F. Fitch, Richard F. Horak, A. Jarvis Scott, Mary A. Teal and Michael S. Teitelbaum on receiving the 2016 Lexpert Ranked Lawyer distinction. Chosen by their peers, this recognition a......

  • Canadian Lawyer - Top 10 Boutique 2017-18
  • The ARC Group
  • Best Lawyers 2017
  • Canadian Legal Lexpert Directory 2016

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