Precedent Setting Cases
Brian A. Horowitz acted as lead counsel at all levels for the Ahmed family in Ahmed v Stefaniu, the first and only case in Canada where a psychiatrist was held liable for a murder committed by a patient who was released from a psychiatric unit. The jury verdict was upheld by the Court of Appeal for Ontario and leave to appeal to the Supreme Court of Canada was denied. The decision has been cited in many peer-reviewed journals, leading texts in the area of doctors and hospital liability, and more recently is referenced in Canadian Landmark Cases in Forensic Mental Health (Graham Glancy & Cheryl Regehr).
Peer Review Honoured
Brian has been recently honoured again by the LexisNexis Martindale-Hubbell peer review rating program, with one of its highest ratings. Brian has been given a Distinguished® peer review rating representing very high legal ability and the highest ethical standards.
Brian obtained his B.A. in 1982 from York University and his Juris Doctor (J.D.) in 1985 from Osgoode Hall Law School. Brian was admitted to the Bar of Ontario in 1987. Thereafter, he has practiced exclusively in the field of personal injury law, and has extensive jury trial experience. More recently, Brian serves as personal injury counsel and provides mediation services in complex personal injury matters.
Areas of Practice
For 35 years, Brian’s law practice has focused on serious personal injury claims, including: catastrophic brain and spinal cord injuries; serious orthopaedic and neurological injuries; wrongful death claims; medical and dental malpractice claims; long term disability claims; products liability claims; statutory accident benefit claims and a variety of professional negligence claims against engineers, architects, and regulated health professionals. Brian regularly appears before the courts in Ontario and a variety of administrative tribunals. He frequently participates in proceedings as lead counsel in the Ontario Superior Court of Justice, the Court of Appeal for Ontario and has successfully defended a Leave to Appeal Application to the Supreme Court of Canada on behalf of victims and their families in serious personal injury and medical malpractice litigation.
Compassion | Knowledge | Results
Brian has garnered an outstanding reputation as a leading practitioner in legal cases involving Traumatic Brain and Spinal Cord Injuries and Wrongful Death. Brian has extensive experience in successfully protecting the rights of the most seriously injured individuals and their families at both the negotiating table and in the courtroom.
With his expertise in the area of psychiatric malpractice and the Mental Health Act, Brian is frequently consulted by other lawyers and organizations with respect to the potential liability of psychiatrists for release decisions. Brian has lectured to a variety of groups of doctors and dentists on various issues relating to medical malpractice, including the law of informed consent.
Affiliations and Organizations
Brian is an active member of the Advocate’s Society, the Canadian Bar Association (since 1982), the Ontario Trial Lawyers Association, the American Association for Justice (formerly the Association of Trial Lawyers of America) the Medico-Legal Society of Toronto, the Toronto Lawyers Association, the Ontario Brain Injury Association and the Brain Injury Society of Toronto.