In the News
Media coverage of Smitiuch Injury Law and some of our notable case results can be found on this page. We’re proud to receive such coverage in the communities we serve. But that’s not why we do the work we do. We take great pride in our work because we truly want to make a difference in the lives of our clients.
To learn more about our law firm and how we can assist you with your injury claim or potential legal case, please contact us and schedule a free case evaluation at one of our three office locations in Toronto, Brantford, or Simcoe.
September 26, 2024
Another Trial Win!
On April 19, 2024, a jury in Toronto brought back a verdict in favour of our client, for damages in the sum of $1,614,457.00. The trial result far exceeded the pre-trial offer of $100,000.00. The Defendants were the TTC and one of its bus operators.
Our client, a Supervisor at a family operated construction business, was rear-ended by a TTC bus while stopped in traffic. Our client suffered neck, back injuries resulting in chronic pain and psychological injuries.
Peter Cho, Shawn Snider, and Tim Daly were trial counsel for the Plaintiff.
September 12, 2024
Michael Smitiuch recognized by Best Lawyers in Canada©
Toronto personal injury lawyer Michael Smitiuch of Smitiuch Injury Law has been selected by his peers for inclusion in the 2025 Edition of The Best Lawyers in Canada© for Personal Injury Litigation. Best Lawyers© is a website which honours outstanding lawyers in a wide range of legal fields. Individual lawyers and law firms are selected by fellow lawyers for honour on the peer-reviewed website.
Mike and the firm have continued with great successes this past year, including a $2.2 million award arising from a jury verdict in Hamilton. Here is what the judge had to say about Mike’s performance at that trial:
“In my 12 years of presiding over hundreds, maybe even close to a thousand proceedings on the bench, I have seen truly excellent advocacy on only a very few occasions. Mr. Smitiuch’s conduct in this trial qualifies as one of those very rare jewels of advocacy that it is a wonderful treat to behold…
Full details of the costs decision can be read by clicking here: https://tinyurl.com/2k8msv9n
March 8, 2024
Costs Decision!
Following our successful jury verdict in Hamilton in October, Justice Skarica has just ordered the Defendant to pay ~$1.1 million for costs, disbursements & interest. Of significance is his ruling that the pre-judgment interest rate be increased from .08% to 3%. The hourly rates of trial counsel were also approved at $925 and $550. The total amount owing is ~$2.2 million & the offer made by the Defendant before trial was $650k, all inclusive.
Michael Smitiuch, Shawn Snider and Philip LeDonne were trial counsel for the Plaintiff.
November 15, 2023
Trial Win!
On October 12, 2023, a jury in Hamilton, Ontario brought back a verdict in favour of our client, William “Bill” Pye, for damages in the sum of $1,018,865.90. The trial result far exceeded the pre-trial offer of $500,000.00 by more than double. The insurer was Desjardins.
Our client, Bill Pye, a longstanding employee of Reliance Home Comfort, was struck by another vehicle that drove through a stop sign and collided with his motorcycle. The collision happened on his birthday and Mr. Pye suffered significant orthopeadic injuries in the collision.
Michael Smitiuch, Shawn Snider and Philip LeDonne were trial counsel for the Plaintiff.
October 2, 2023
Michael Smitiuch recognized by Best Lawyers in Canada©
Toronto personal injury lawyer Michael Smitiuch of Smitiuch Injury Law has been selected by his peers for inclusion in the 2024 Edition of The Best Lawyers in Canada© for Personal Injury Litigation.
“To be recognized by my peers as one of The Best Lawyers in Canada© is truly a great honour,” Smitiuch said. “As a lawyer, I have dedicated my career to providing exceptional service to injury victims and their families. That’s because I believe strongly in serving the legal needs of the public when they need my help the most. However, I believe it’s important to add that this honour deserves to be shared by our law firm as a whole. I could not do the work I do every day on behalf of injury victims in the Greater Toronto Area without the help and assistance of my fellow lawyers and outstanding staff members at Smitiuch Injury Law.”
Best Lawyers© is a website which honours outstanding lawyers in a wide range of legal fields. Individual lawyers and law firms are selected by fellow lawyers for honour on the peer-reviewed website.
Mike is the founder of Smitiuch Injury Law. A graduate of McMaster University in Hamilton, Ontario, Mike received his law degree from University of Western Ontario in London. He is a member of several legal organizations, including the American Association of Justice and The Advocates’ Society. Mike has practiced law in Ontario since 1998.
About Smitiuch Injury Law
Founded in 2001, Smitiuch Injury Law (“SIL”) is a progressive personal injury law firm devoted to representing victims and their families throughout Ontario, with offices in Toronto, Brantford and Simcoe. SIL regularly takes matters to trial and is proud to have obtained the highest damages award for Family Law Act damages in a wrongful death case in Ontario history and also the only punitive damages award against a nursing home in Canadian history. SIL handles every type of injury or wrongful death claims and will not shy away from challenging liability situations.
June 15, 2023
Supreme Court of Canada - Applications for Leave - Dismissed!
The Supreme Court of Canada has denied leave to appeal to Travelers Insurance, ending a long journey for our deserving client who is a paraplegic. He will now be able to access much-needed medical and rehabilitation benefits.
https://www.cbc.ca/news/canada/hamilton/motocross-crash-benefits-supreme-court-1.6876107
Details of the SCC decision can be read by clicking on the link below:
https://scc-csc.lexum.com/scc-csc/scc-l-csc-a/en/item/19955/index.do
For further information, contact:
Michael Smitiuch, mike@sil.lawyer, 416-621-1551 or
Peter Cho, peter@sil.lawyer, 416-621-1551
October 11, 2022
Michael Smitiuch recognized by Best Lawyers in Canada©
Toronto personal injury lawyer Michael Smitiuch of Smitiuch Injury Law has been selected by his peers for inclusion in the 2023 Edition of The Best Lawyers in Canada© for Personal Injury Litigation.
“To be recognized by my peers as one of The Best Lawyers in Canada© is truly a great honour,” Smitiuch said. “As a lawyer, I have dedicated my career to providing exceptional service to injury victims and their families. That’s because I believe strongly in serving the legal needs of the public when they need my help the most. However, I believe it’s important to add that this honour deserves to be shared by our law firm as a whole. I could not do the work I do every day on behalf of injury victims in the Greater Toronto Area without the help and assistance of my fellow lawyers and outstanding staff members at Smitiuch Injury Law.”
Best Lawyers© is a website which honours outstanding lawyers in a wide range of legal fields. Individual lawyers and law firms are selected by fellow lawyers for honour on the peer-reviewed website.
Mike is the founder of Smitiuch Injury Law. A graduate of McMaster University in Hamilton, Ontario, Mike received his law degree from University of Western Ontario in London. He is a member of several legal organizations, including the American Association of Justice and The Advocates’ Society. Mike has practiced law in Ontario since 1998.
About Smitiuch Injury Law
Founded in 2001, Smitiuch Injury Law (“SIL”) is a progressive personal injury law firm devoted to representing victims and their families throughout Ontario, with offices in Toronto, Brantford and Simcoe. SIL regularly takes matters to trial and is proud to have obtained the highest damages award for Family Law Act damages in a wrongful death case in Ontario history and also the only punitive damages award against a nursing home in Canadian history. SIL handles every type of injury or wrongful death claims and will not shy away from challenging liability situations.
October 4, 2022
Successful Trial Result
We are proud to share another successful trial result. A trailblazing human rights lawyer/Law Society medal winner suffered a career ending injury in a bike-car collision.
The defendants offered $263,000, plus costs. Damages awarded at trial were $2.6 million plus $1.2 million for costs/disbursements. Aviva & TD were insurers.
Full details of the decisions can be read by clicking on one of the links below:
Sanson v Paterson Security; Court File No CV-14-513023 & CV-17-577928
Sanson v Paterson & Sanson v Security National Insurance; Court File No CV-14-513023 &CV-17-577928
For further information, contact:
Michael Smitiuch, mike@sil.lawyer, 416-621-1551 or
Peter Cho, peter@sil.lawyer, 416-621-1551
September 12, 2022
“No-knock” entry by Brantford Police leaves family traumatized
On September 8, 2022, members of the Brantford Police Service Tactical Intelligence Generated Enforcement and Response Unit completed a “no-knock” entry at the wrong Brantford address.
Officers raided the wrong home while carrying out a drug trafficking investigation. Two other search warrants were successfully executed.
“The raid by the Brantford police at the wrong address was extremely shocking and traumatizing for the entire family, including two young children,” said Mike Smitiuch the family’s lawyer.
“The police violated the peace, security and privacy of their home and have left the family distressed and wondering how such a horrible mistake could be made.”
Brantford police admitted in a media release, "that this experience would have been unsettling for those impacted and have engaged Victim Services of Brant to ensure those affected receive the assistance they require."
Full details can be read by clicking on one of the links below.
For further information contact:
Michael Smitiuch, mike@sil.lawyer or 416-621-1551
September 6, 2022
Waterford Family says the judicial system let them down
On Nov. 25, 2020, Jeff Scott, the father of three, was hit by a vehicle while standing at the end of his driveway in Waterford, Ontario.
The driver of the vehicle was charged with careless driving causing death.
After six court proceedings, the charge was suddenly dropped by the Crown. Jeff Scott’s family was shocked, frustrated and gutted at the decision to dismiss the charge. “Nothing was shared with us. We feel totally forgotten,” said Scott’s father, Jack Scott. “We just hope another family never has to go through this: we were devastated by the death and its circumstances, but to have the court system basically ignore us left a big void.”
It wasn’t until after the family met with the Crown that they learned they were supposed to be connected to a victim service support system. Victim services would have walked them through the court process and ensured they had an opportunity to provide input.
Jeff Scott, on his 50th birthday with his children, Maggie, Emma and Jackson
Mike Smitiuch, who is representing the Scotts, said the family’s experience isn’t unique.
“The current laws provide few charge options for prosecutors to pursue and the options available carry little punishment for those who are convicted,” Smitiuch said. “This has to change. Until it does, victims will continue to have to seek accountability through the civil system.”
Full details can be read by clicking on the link below.
For further information contact:
Michael Smitiuch, mike@sil.lawyer or 416-621-1551
September 6, 2022
Articling Student Joins Smitiuch Injury Law – Anthony Valeri
Smitiuch Injury Law is pleased to welcome our newest Articling student, Anthony Valeri. Anthony earned his law degree (J.D.) from the University of Sydney and a Bachelor of Arts degree from Queen’s University.
We look forward to working with him over the next eight months on his journey to become a lawyer.
Anthony can be reached directly at anthony@sil.lawyer or 416-621-1551.
August 12, 2022
Articling Student Joins Smitiuch Injury Law – Jack Fallon
Smitiuch Injury Law is pleased to welcome our newest Articling student, Jack Fallon. He will be with the firm for the next eight months and we look forward to working alongside him on his journey to become a lawyer.
Jack earned his law degree (J.D.) from Osgoode Hall Law School and prior to studying law, he obtained an Honours Baccalaureate in Art History from the University of Guelph.
Jack can be reached directly at jack@sil.lawyer or 416-621-1551.
June 27, 2022
Smitiuch Injury Law is very pleased to announce that Tim Daly has joined the firm as an Associate Lawyer.
His journey to become a lawyer was completed on June 27, 2022, when he was Called to the Bar. Tim completed his Articles with the firm and he earned his law degree (J.D.) from Western University. Prior to studying law, he obtained a Bachelor of Arts in Social Science with a focus on Political Science from McMaster University.
Tim will be serving clients in Toronto, Brantford, Simcoe, and the surrounding communities. His addition to the firm further enhances Smitiuch Injury Law’s commitment to excellence in the personal injury field.
Tim can be reached directly at, tim@sil.lawyer or 416-621-1551.
June 23, 2022
Smitiuch Injury Law is very pleased to announce that Philip LeDonne has joined the firm as an Associate Lawyer.
His journey to become a lawyer was completed on June 6, 2022, when he was Called to the Bar. Philip completed his Articles with the firm and he earned his law degree (J.D.) at Michigan State University College of Law and his Master of Laws (LL.M.) at Osgoode Hall Law School. Prior to studying law, he obtained a Bachelor of Business Administration (B.B.A.) at Wilfrid Laurier University.
Philip will be serving clients in Toronto, Brantford, Simcoe, and the surrounding communities. His addition to the firm further enhances Smitiuch Injury Law’s commitment to excellence in the personal injury field.
Philip can be reached directly at, philip@sil.lawyer or 416-621-1551.
May 25, 2022
OTLA 2022-2023 Law Clerk Section Chair Named
Smitiuch Injury Law is pleased to announce that Roma Ahmed has been named the OTLA 2022-2023 Law Clerk Section Chair. Roma is a Law Clerk and Licensed Paralegal in the firm’s Tort department.
The Law Clerk Section leadership team contributes to CLE programming, developing networking events, monitoring the Listserve, and building reference materials for section members.
The Ontario Trial Lawyers Association (OTLA) is a non-profit professional organization for Plaintiff lawyers and law clerks. Their goal is to champion and advocate for the rights of those who have suffered injury and loss through the wrongdoing of others.
Click here for more details on the OTLA Sections.
March 10, 2022
The family of Rodger Kotanko question the findings of SIU probe
On November 3, 2021, Rodger Kotanko, a well-respected gunsmith and member of the community, was shot and killed by Toronto Police during the execution a search warrant at his home in Simcoe, Ontario.
The Ontario Special Investigations Unit (SIU) investigated the shooting death and found "no reasonable grounds to believe" the officer who shot Rodger Kotanko to death committed a crime and that the Toronto Police officer who shot Rodger did so in self-defence.
Click on this link to read the full SIU report.
“The family is shocked and saddened by the findings,” said Michael Smitiuch, the family’s lawyer. They are taking time to review the report and are trying to understand why Rodger was killed without a single Toronto Police officer taking any responsibility.
“The SIU report into Rodger’s fatal shooting is not the whole story,” said Smitiuch, “The reality is that police created a situation in which Rodger Kotanko did not stand a chance.”
From April 1, 2020 to March 31, 2021, the SIU closed 397 cases (investigations), and only laid charges in 3% of them. Click on this link to read the full SIU 2020 – 2021 annual report.
The Kotanko’s family has filed a civil suit, looking for $23 million in damages from the Toronto Police Services Board, five officers – including the one who shot Kotanko, as well as Insp. Norman Proctor and Toronto police Chief James Ramer.
“The result of the [SIU] investigation doesn’t mean that it’s right,” Smitiuch said. “The family is not going to stop until there is accountability and justice for Rodger.”
Full details can be read by clicking on one of the media links below.
January 18, 2022
Family of Rodger Kotanko Launches Wrongful Death Suit Against Toronto Police
The family of Rodger Kotanko believes the gunsmith did not have to die. In a civil suit filed against Toronto police, the family alleges police unlawfully executed a search warrant and used excessive force when they shot and killed the 70-year-old in a military-style take down at his home outside Port Dover on November 3, 2021.
“The Kotanko family is holding Toronto police to account, so this doesn’t happen to someone else,” said Michael Smitiuch of Smitiuch Injury Law PC, the lawyer representing the Kotanko family. “Rodger Kotanko wasn’t able to defend himself, or his reputation, but his family will.”
In the Statement of Claim filed in the Ontario Superior Court of Justice, Kotanko’s family is seeking $23 million in damages from the Toronto Police Services Board, five officers, including the officer who fired the fatal shots, as well as Inspector Norman Proctor, head of the Gun & Gang Task Force and Police Chief James Ramer.
In the Statement of Claim, it’s alleged that the search warrant was unlawfully executed, as it was not presented the day of the raid and was obtained using irrelevant and prejudicial information. It’s also alleged that police recklessly targeted Kotanko, negligently planned the raid, and exercised excessive and unjustifiable force when they stormed his home workshop on Port Ryerse Road, firing four shots into him. It’s also alleged that the officers unlawfully detained and restrained Kotanko’s wife and prevented her from providing him with comfort after he was shot and was dying.
The search warrant executed by Toronto police alleges that two handguns seized in Toronto and North Bay last year contained serial numbers that were “professionally” removed, and that once restored, could be traced to Kotanko’s business.
“Rodger was a skilled gunsmith, who took great pride in his profession and treating customers fairly and honestly,” said Suzanne Kantor, one of Mr. Kotanko’s siblings. "The alleged grounds for obtaining the search warrant are not in keeping with who Rodger was and how he conducted his life.”
Ontario’s Special Investigations Unit (SIU) has been assigned to the fatal shooting.
Full details can be read by clicking on one of the media links below.
For further information contact:
Michael Smitiuch, mike@sil.lawyer or 416-621-1551
Danna O’Brien, danna@obriencommunications.ca or 416-500-0699
November 18, 2021
Why Did Toronto Police Shoot and Kill Rodger Kotanko?
Family, friends and a community still reeling from the fatal military style takedown of 70-year-old Rodger Kotanko came together at his home just outside Port Dover today, appealing to Toronto Police to answer one question: Why?
They are demanding to know why a “calm and gentle man” who was well-respected in the community and renowned as a top gunsmith in Canada and beyond, was shot dead by Toronto Police some 150 kilometres away from their headquarters. Just after noon on November 3, 2021, Toronto Police executed an alleged search warrant at Mr. Kotanko’s home on Port Ryerse Road, storming his workshop and firing four shots at him as he met with a customer. His distraught wife, Jessie, was also home at the time and had been detained by police just seconds before Mr. Kotanko was shot and killed.
“Our entire family is struggling to come to terms with how this could happen,” said Suzanne Kantor, one of Mr. Kotanko’s siblings. “Rodger was someone people looked up to. He was down to earth; he was harmless. Yet his life was cut short in a manner we cannot begin to comprehend.”
Ontario’s Special Investigations Unit (SIU) has been assigned to the fatal shooting, but has shared no information with Mr. Kotanko’s family.
“We have a distraught family, bewildered neighbours, and a community in outrage; but what we don’t have is any explanation,” said Michael Smitiuch, of Smitiuch Injury Law PC, who is helping the family navigate through the investigative veil of police secrecy. “Everyone who knew and loved Rodger Kotanko, deserves to know what happened and why his life ended so tragically, and they have every right to know now.”
Mr. Kotanko leaves behind his wife, Jessie, and three children.
Full details can be read by clicking on one of the media links below.
For further information contact:
Michael Smitiuch, mike@sil.lawyer or 416-621-1551
November 4, 2021
Family Seeks to Hold City of Vaughan and Driver Accountable in Death of 10-year-old Cyclist
The family of a 10-year-old girl who was killed by a vehicle while riding her bike in Thornhill, believes the fatal collision was entirely preventable. The parents of Nikita Belykh are taking the City of Vaughan and driver involved, to court.
“We could not stay silent after too many young people, including our little girl, lost their lives in vehicle collisions in the GTA over the past few months,” said Mike Belykh, Nikita’s father. “No parent should have to endure such a terrible loss.”
On September 1, 2021, at 10.54 a.m., 10-year-old Nikita Belykh of Thornhill, was riding her bike home from swimming with a friend at the North Thornhill Community Centre. She was cycling northbound along the sidewalk of Pleasant Ridge Avenue, when a driver exiting the community centre, made a sudden turn colliding into Belykh. She died of her injuries in hospital, the following day.
In the Statement of Claim filed in the Ontario Superior Court of Justice in Newmarket, Nikita’s family is seeking $7.5 million in damages from the Mississauga driver and the City of Vaughan. It’s alleged that the driver was not only distracted, but travelling too fast. The City is also being sued for negligence, after it is alleged that it failed to respond to public complaints about signage that blocks part of the road and sidewalk at the community centre.
“This is yet another senseless tragedy involving a young person on Greater Toronto Area roads,” said Michael Smitiuch, of Smitiuch Injury Law PC, the lawyer representing Nikita’s family. “Drivers shouldn’t have to be reminded to pay far more attention, but clearly they do. Too many lives depend on it.”
Nikita, who spoke three languages, was looking forward to starting school in September. She would have been in grade five.
Full details can be read by clicking on one of the media links below.
For further information contact:
Michael Smitiuch, mike@sil.lawyer or 416-621-1551
September 7, 2021
FORE the Kids Charity Golf Tournament - September 18, 2021, Granite Ridge Golf Club, Milton, Ontario
Smitiuch Injury Law is pleased to be the premium sponsor of this tournament and a participant.
For 20 years a group of family and friends have organized a golf tournament in the aid of charity as a way to give back to our community. All funds raised will be donated to the Cardiac Unit at Sick Kids Hospital in memory of Jeff Neiman, in support of the SickKids Foundation.
Cardiac Kids is a non-profit charity organization established in 2000 to raise much-needed funds for children who are suffering from congenital heart disease. 1 in 100 Canadian children are born with a congenital heart defect and more than half need surgery to survive. Over half of the patients who require surgery are under one year old, and almost a quarter are less than a month old. Congenital Heart Defects or CHDs are the most common birth defect. Funds given to Cardiac Kids are used to support the children and staff of the cardiology ward at The Hospital for Sick Children.
To find out more about Cardiac Kids visit their website at www.cardiackids.ca or to find out more about SickKids Foundation visit their website at www.sickkidsfoundation.com.
For further information about this tournament or to register, contact the tournament director at, FOREtheKids@outlook.com
August 31, 2021
Michael Smitiuch recognized by Best Lawyers in Canada©
Toronto personal injury lawyer Michael Smitiuch of Smitiuch Injury Law has been selected by his peers for inclusion in the 2022 Edition of The Best Lawyers in Canada© for Personal Injury Litigation.
“To be recognized by my peers as one of The Best Lawyers in Canada© is truly a great honour,” Smitiuch said. “As a lawyer, I have dedicated my career to providing exceptional service to injury victims and their families. That’s because I believe strongly in serving the legal needs of the public when they need my help the most. However, I believe it’s important to add that this honour deserves to be shared by our law firm as a whole. I could not do the work I do every day on behalf of injury victims in the Greater Toronto Area without the help and assistance of my fellow lawyers and outstanding staff members at Smitiuch Injury Law.”
Best Lawyers© is a website which honours outstanding lawyers in a wide range of legal fields. Individual lawyers and law firms are selected by fellow lawyers for honour on the peer-reviewed website.
Mike is the founder of Smitiuch Injury Law. A graduate of McMaster University in Hamilton, Ontario, Mike received his law degree from University of Western Ontario in London. He is a member of several legal organizations, including the American Association of Justice and The Advocates’ Society. Mike has practiced law in Ontario since 1998.
About Smitiuch Injury Law
Founded in 2001, Smitiuch Injury Law (“SIL”) is a progressive personal injury law firm devoted to representing victims and their families throughout Ontario, with offices in Toronto, Brantford and Simcoe. SIL regularly takes matters to trial and is proud to have obtained the highest damages award for Family Law Act damages in a wrongful death case in Ontario history and also the only punitive damages award against a nursing home in Canadian history. SIL handles every type of injury or wrongful death claims and will not shy away from challenging liability situations.
August 12, 2021
Articling Students Join Smitiuch Injury Law
Smitiuch Injury Law is pleased to welcome our two newest articling students, Tim Daly and Philip LeDonne. They will both be with our firm for the next eight months and we look forward to working alongside them on their journey to becoming lawyers.
Tim earned his law degree (J.D.) from Western University. Prior to studying law, he obtained a Bachelor of Arts in Social Science with a focus on Political Science from McMaster University.
Tim can be reached directly at timothy@sil.lawyer or 416-621-1551.
Philip earned his law degree (J.D.) in the United States at Michigan State University College of Law as well as his Master of Laws (LL.M.) at Osgoode Hall Law School. Prior to studying law, he obtained a Bachelor of Business Administration (B.B.A.) at Wilfrid Laurier University.
Philip can be reached directly at philip@sil.lawyer or 416-621-1551.
June 25, 2021
Court of Appeal for Ontario Upholds Record Jury Verdict Obtained by Smitiuch Injury Law for Wrongful Death
On November 20, 2013, Alisha Lamers suffered horrific burns in a rooming house fire and died a few days later. Today, the Court of Appeal for Ontario completely upheld the jury verdict, including $250,000 per parent for mental distress and $250,000 per parent for Family Law Act (FLA) damages.
Justice has been served for Alisha and the law has moved forward due to the courage that her parents had in taking this to case trial.
Thanks to appellate counsel Chris Morrison and trial counsel Luke Hamer & Mike Smitiuch of Smitiuch Injury Law.
Read the compete decision by clicking on this link: https://bit.ly/3gWKm7p
Further coverage can be found in the July 12, 2021, article in the Law Times.
April 26, 2021
Spring 2019 issue of Disclosure newsletter is now available.
The Spring 2021 issue of the Disclosure newsletter is now available. The feature article answers the question, Bus Advertisements – Fact or Fiction?. Other articles include: In Pursuit of Justice: The Tragic Death of Tess Richey and the 7 Most Dangerous Cities in Ontario to Drive In.
Click here to read the newsletter.
October 22, 2020
Ontario to provide COVID-19 liability protection to workers, businesses and some organizations
The Ontario government has announced proposed legislation that could protect health-care workers, businesses and some other organizations from COVID-19 related lawsuits.
Attorney General Doug Downey said that if passed, the proposed law would ensure that anyone making an “honest effort” to follow public health guidelines while working or volunteering would not be exposed to liability. He noted, however, that the bill would not prevent lawsuits against those who willfully or through “gross negligence” endangered others during the pandemic.
Michael Smitiuch, Principal at Smitiuch Injury Law, who represents several families who are suing long-term care homes after losing loved ones to COVID-19, criticized the government’s proposed law.
“Losing a loved one during this pandemic because of mistreatment and lack of attention is already devastating to families, but having them die in vain will be even worse if they can’t seek justice for them,” Smitiuch said.
He said the government is essentially “raising the bar” on negligence to a “high degree of negligence.”
“This will create an unnecessary layer of protection for bad actors,” Smitiuch said. “These changes will help insurance companies save money and will hurt victims and their families.”
The full article can be read by clicking on one of the media links below.
- The Globe and Mail
- CBC News
- The Toronto Star
- Ottawa Citizen
- Kitchener Today
- Canadian Underwriter
- Los Angeles Evening Despatch
Listen to Michael Smitiuch being interviewed on Ottawa 580 CFRA by clicking on the link below.
For further information contact:
Michael Smitiuch, mike@sil.lawyer or 416-621-1551
August 31, 2020
Michael Smitiuch recognized by Best Lawyers in Canada©
Toronto personal injury lawyer Michael Smitiuch of Smitiuch Injury Law has been selected by his peers for inclusion in the 2021 Edition of The Best Lawyers in Canada© for Personal Injury Litigation.
“To be recognized by my peers as one of The Best Lawyers in Canada© is truly a great honour,” Smitiuch said. “As a lawyer, I have dedicated my career to providing exceptional service to injury victims and their families. That’s because I believe strongly in serving the legal needs of the public when they need my help the most. However, I believe it’s important to add that this honour deserves to be shared by our law firm as a whole. I could not do the work I do every day on behalf of injury victims in the Greater Toronto Area without the help and assistance of my fellow lawyers and outstanding staff members at Smitiuch Injury Law.”
Best Lawyers© is a website which honours outstanding lawyers in a wide range of legal fields. Individual lawyers and law firms are selected by fellow lawyers for honour on the peer-reviewed website.
Mr. Smitiuch is the founder of Smitiuch Injury Law. A graduate of McMaster University in Hamilton, Ontario, Mr. Smitiuch received his law degree from University of Western Ontario in London. He is a member of several legal organizations, including the Ontario Trial Lawyers Association, American Association of Justice and The Advocates’ Society. Mr. Smitiuch has practiced law in Ontario since 1998.
About Smitiuch Injury Law
Founded in 2001, Smitiuch Injury Law is a full-service personal injury law firm whose practice focuses on many areas of personal injury law, including car accidents, truck accidents and other personal injury incidents. Smitiuch Injury Law has offices in Toronto, Brantford and Simcoe.
August 10, 2020
Articling Student Joins Smitiuch Injury Law
Smitiuch Injury Law is pleased to welcome our newest articling student, Mr. Brandon Murphy.
Brandon Murphy
Brandon earned his law degree (J.D.) from Osgoode Hall Law School. Prior to law school, he completed an Honours Bachelor of Science degree in Psychology, Neuroscience, & Behaviour from McMaster University in Hamilton, Ontario.
Brandon can be reached directly at brandon@sil.lawyer or 416-621-1551.
June 22, 2020
New Associate Lawyer joins the firm - Ms. Vameesha Patel
Smitiuch Injury Law is very pleased to announce that Ms. Vameesha Patel has joined the firm as an Associate Lawyer.
Her journey to become a lawyer was completed in June 2020, when she was called to the Bar of Ontario.
Vameesha completed her Articles with the firm and earned her law degree (J.D.) from the University of Windsor. Prior to studying law, Vameesha completed a Bachelor of Business Administration with a concentration in Human Resource Management and a minor in Psychology from Simon Fraser University in British Columbia.
In her spare time, Vameesha enjoys cooking and baking, spending time with friends and family and reading.
Vameesha will be representing clients in Toronto, Brantford, Simcoe and throughout the GTA. Her addition to the firm further enhances Smitiuch Injury Law's commitment to providing excellent customer service.
Vameesha can be reached directly at, vameesha@sil.lawyer or 416-621-1551, ext. 220
June 11, 2020
$20-million lawsuit launched against Toronto Police and the killer of Tess Richey
The family of Tess Richey, a 22-year old Toronto woman who was brutally murdered in November 2017, has launched a $20-million lawsuit against the Toronto Police Services Board, Chief Mark Saunders, two officers involved in the search, Crews and Tangos, the bar that allegedly over-served Richey alcohol the night of her murder, as well as Storm Crow Manor Ltd., Church 18 Holdings Inc., and ABC Corporation.
The lawsuit alleges the lack of police presence in the Yonge and Wellesley area — a neighbourhood known as Toronto’s gay village — emboldened predators. It also alleges that Toronto police, and particularly the two officers who investigated Richey’s disappearance, failed to properly search for her.
It was Tess’s mother, Christine Hermeston who conducted her own search and found her daughter’s body four days after she disappeared in a stairwell only 40 meters from where she was last scene.
“I saw Tess lying there in a little fetal position and I started to scream and scream,” Hermeston recalls.
“No matter how hard she may try to forget what she saw, she cannot. The horrific images haunt her thoughts each and every day,” said Michael Smitiuch, Principal at Smitiuch Injury Law. “Christine did what a police force over 5,000 strong could not do. She found her baby girl who had been murdered by a predator who left her in a stairwell.”
The ensuing mental anguish she now suffers didn’t have to happen, Smitiuch says, if the police “simply did their job.”
Full details can be read by clicking on one of the media links below.
- Toronto Sun
- National Post
- The Globe and Mail
- Toronto Star
- Ottawa Sun
- Global News
- CTV News
- City News Toronto
- CP24 News
- CBC
- Mississauga.com
- North Bay Nugget
For further information contact:
Michael Smitiuch, mike@sil.lawyer or 416-621-1551 or
Matthew Nieuwland, matt@sil.lawyer or 416-621-1551
June 10, 2020
Family of Tess Richey Launches Civil Suit Against Young Woman’s Killer and Toronto Police
The family of Tess Richey, a 22-year old Toronto woman who was brutally murdered by Kalen Schlatter, is taking legal action against the convicted killer, Toronto police and others.
Tess’s body was found by her mother at the bottom of an outdoor stairwell in November of 2017, four days after she went missing after a night out in the Church and Wellesley area. Her mother travelled from North Bay to Toronto to join the search when police failed to find her.
Tess’s family continue to suffer greatly due to her death and the traumatic circumstances under which Tess was found. In the Statement of Claim filed in the Ontario Superior Court of Justice, they are seeking $20 million in damages.
According to the Statement of Claim, the intentional acts of Tess’s killer, and the negligence and/or reckless indifference shown by several others resulted in her injuries and death. They include the Toronto Police Services Board, Chief Mark Saunders, two officers involved in the search, Crews and Tangos, the bar that allegedly over-served Richey alcohol the night of her murder, as well as Storm Crow Manor Ltd., Church 18 Holdings Inc., and ABC Corporation, (the companies that either owned/operated or were responsible for renovations) that failed to provide adequate lighting or security in the stairwell area of the vacant building where her body was found.
“There were a number of contributing factors that created an opportunity for Tess’s killer,” said Michael Smitiuch of Smitiuch Injury Law PC, who along with Matthew Nieuwland, are the lawyers representing the Richey family. “Had there been better policing and public warnings about a predator in the area, Tess Richey may not have taken a walk with her killer that night.”
According to the Statement of Claim, Tess was at Crews and Tangos Restaurant & Bar, at 508 Church Street, on Saturday, Nov. 25, 2017, where she met Kalen Schlatter, who later raped and murdered her. He left her body in the unlit outdoor stairwell of a building under renovation, at 582 Church Street.
Although Tess Richey’s body was found by her mother on Wednesday, Nov. 29, 2017, only steps away from her last known location, it was not discovered by officers, including Allen McCullough and Michael Jones, who face disciplinary action under the Police Services Act. It’s alleged that there was inadequate police protection in Toronto’s Church and Wellesley area despite public concerns of a serial killer (s) in the area, including Bruce McArthur. It’s also alleged that this lack of police presence emboldened predators, such as Kalen Schlatter to commit crimes without fear of being caught. The family claims that police were incompetent in their investigation of Tess’s disappearance, by failing to respond in a timely manner and falsely reporting that she died of misadventure.
“It’s devastating enough to lose a daughter, even more wrenching to be the one to find her body,” added Smitiuch. “Tess’s family deserves justice and accountability, so that other families aren’t subjected to this kind of anguish.”
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551
Danna O’Brien, danna@obriencommunications.ca 416-500-0699
May 4, 2020
Lawsuits over COVID-19 handling in nursing homes raise questions about standard of care
As of May 3, 2020, there have been 1,300 COVID-19 related deaths in Ontario, according to the Ontario Ministry of Health. Of those, 626 deaths have been reported among the residents/patients of long-term care homes, that is 48 percent of all COVID-19 deaths in Ontario.
While nursing homes can’t be blamed for the pandemic, they can be held accountable for unnecessary and preventable deaths, said Michael Smitiuch, Principal at Smitiuch Injury Law, who previously led a successful negligence lawsuit against a Brampton, Ont. facility for seniors. “A crisis like this does not give nursing homes a free pass to neglect the elderly. So, I think what will happen is…we’re going to look back at this through a lens of what was reasonable under the circumstances,” he said. “The interesting question will be, what is the standard of care during a pandemic?”
The full article can be read by clicking on one of the media links below.
For further information contact:
Michael Smitiuch, mike@sil.lawyer or 416-621-1551
January 16, 2020
Court Backlog Denies Tiwari Family Justice in Brampton Hospital Suicide Case
After waiting almost seven years for their day in court, a family, whose son was able to commit suicide while he was supposed to be under close observation at Brampton Civic Hospital in June of 2014, has been advised that their wrongful death trial scheduled to start in Brampton this month will not start until 2021 because there is not a single courtroom available in the GTA.
"It's one travesty after another," said Rakesh Tiwari, who is frustrated that it will be seven years following his son's death before the family fully understands how the system failed. "First the medical system let us down, now it's the courts."
"This has been a slow crawl to justice," said Michael Smitiuch, of Smitiuch Injury Law PC, who along with Luke Hamer, represent the Tiwari family. "This family deserves answers and accountability and shouldn't have to wait years to get it. This is a serious access to justice problem that the Ontario government needs to immediately address."
Further details can be read by clicking on one of the media links below.
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551 or
Luke Hamer, luke@sil.lawyer 416-621-1551
December 2, 2019
Student Shot at Party in Airbnb Rental - Sues Airbnb for $5 Million
A 19-year-old who was shot at a Toronto "mansion party" hosted in an Airbnb rental is now suing the company, the property owner and the event's alleged organizers.
Sean McCann attended the party in Toronto's west end on April 26, 2019, after one of his friends saw an ad on social media. They were charged a $10 party fee and the event was advertised to have tight security.
Security was anything but tight. Sean was seriously injured when he was shot in the lower back/buttocks area by another guest. He was rushed to Sunnybrook hospital with serious injuries including a fractured pelvis and internal nerve damage.
Michael Smitiuch, of Smitiuch Injury Law is Sean's lawyer.
"While Airbnb operates in the online world, that does not give it impunity in the real world, where people are getting shot and killed at its house parties," said Smitiuch, "It’s about time Airbnb made protecting public safety a business priority."
Further details can be read by clicking on one of the media links below.
Click on the link below to listen to Michael Smitiuch discuss this lawsuit on AM640 The Morning Show.
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551 or
Shawn Snider, shawn@sil.lawyer 416-621-1551
November 7, 2019
Jury Awards Victim's Family over $1.3M in Deadly Fire Trial
The owner of an illegal Toronto rooming house that was the scene of a deadly fire, has been ordered by a jury in Milton, Ont, to pay the victim’s family more than $1.3 million. In November 2013, Alisha Lamers died as a result of a tragic house fire after being trapped in a basement apartment.
The jury found Konstantin Lysenko responsible for the death of Alisha. He failed to prepare and implement a safety plan for the house, he didn’t maintain working smoke detectors, he didn't provide a second means of egress and there were bars over the basement windows which prevented Alisha from escaping through them.
"The jury was very clear in their findings that he was completely negligent, and that the negligence caused Alisha’s death," said Michael Smitiuch, the lawyer representing Lamers’ family. "If he doesn’t get that now, he’ll never get it."
Further details can be found by clicking on one of the media links below.
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551 or
Luke Hamer, luke@sil.lawyer 416-621-1551
October 23, 2019
2019 Provincial ABI Conference presented by the Ontario Brain Injury Association
Smitiuch Injury Law is pleased to be a Sponsor and Exhibitor of this important event. It will be held from November 6 - 8, 2019, at the Sheraton on the Falls Hotel, Niagara Falls, Ontario.
We encourage all ABI Rehabilitation Professionals, Psychologists, Physicians, Program Planners and Advocates to attend.
Click here for further details.
October 10, 2019
'Her future was snuffed out': rooming house fire victim's parents seek $5 million from landlord
The parents of Alisha Lamers, a young Toronto woman who died trapped in a rooming house inferno in 2013, are suing the landlord for $5 million in civil court.
"We had to make funeral arrangements for our daughter that had just turned 24 years old. She had her whole life in front of her," said Lamers' mother, Janet Moore. "Her future was snuffed out."
Alisha Lamers' unconscious and badly burned body was pulled from the floor of her basement suite in an unregistered rooming house in the early morning of Nov. 20, 2013.
Photo of Alisha Lamers basement apartment after the fire in 2013. (Toronto Police Services)
"Illegal housing hurts people, harms people, kills people. It's not acceptable, and has to come to a stop," said Alisha's father, Robert Lamers.
The house had been renovated to make room for seven bedrooms. Even the loft floor was subdivided into two separate, locking bedrooms. Konstantin Lysenko owned the house. He was convicted of multiple fire code violations in provincial court in August 2015 and fined $75,000. Lysenko was also placed on probation for 18 months, during which he was not permitted to possess any rental properties.
"This man has played a shell game, in our opinion," said Lawyer Michael Smitiuch, who represents Moore and Lamers.
"No amount of money can make up for the loss of their daughter, but what it can do is air what happened in open court in public," Smitiuch added.
Full details of this tragedy can be found by clicking on the link below:
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551 or
Luke Hamer, luke@sil.lawyer 416-621-1551
August 16, 2019
In Defence Of The Jury System In Ontario
This article was originally published in THE LAWYER'S DAILY by LexisNexis Canada on Wednesday, August 14, 2019 | By Michael Smitiuch
On matters concerning injury victims, it is not very often that my views align with those of the defence bar in Ontario. So when I read the submissions made by the Canadian Defence Lawyers (CDL) about the proposed revamping of the jury system and agreed with most of their general points, I must confess that this caused me some concern. As a plaintiff lawyer representing only injury victims, how could it be that I was seemingly on the same page on such an important issue as those who so often stand between victims and their pursuit of justice?
Click here to read the full article.
Mike Smitiuch is the Founder/Owner of Smitiuch Injury Law and can be contacted directly at, mike@sil.lawyer or 416-621-1551.
August 6, 2019
Articling Students Join Smitiuch Injury Law
Smitiuch Injury Law is pleased to welcome our two newest articling students, Ms. Vameesha Patel and Mr. Frank Piazza.
Vameesha earned her law degree (J.D.) from the University of Windsor. Prior to law school, she completed a Bachelor of Business Administration with a concentration in Human Resource Management and a minor in Psychology from Simon Fraser University in British Columbia.
Frank earned his law degree (J.D.) from Queen’s University in Kingston, Ontario. Before studying law, he completed an Honours Bachelor of Science degree in Chemistry from the University of Windsor.
They will both be with our firm for the next ten months.
Vameesha can be reached directly at, vameesha@sil.lawyer or 416-621-1551 ext. 214 and Frank can be reached directly at, frank@sil.lawyer or 416-621-1551 ext. 237.
July 25, 2019
HHSC ABI Conference - Thank You
Smitiuch Injury Law was pleased to be a Gold Sponsor of the 2019 HHS 26th Annual Conference on Neurobehavioural Rehabilitation in Acquired Brain Injury.
Our sponsorship was acknowledged by the conference's planning commitee.
"On behalf of the Hamilton Health Sciences Neurobehavioural Conference Committee we would like to express our appreciation for your participation as an exhibitor at our Hamilton Health Sciences 26th Annual Neurobehavioural Rehabilitation In Acquired Brain Injury Conference held May 2-3, 2019."
"We hope you were able to create and maintain great network connections and that it was a very positive experience for you and your organization."
Dan and Chris working our booth.
July 12, 2019
New Associate Lawyer joins the firm - Mr. Shawn Snider
Smitiuch Injury Law is very pleased to announce that Mr. Shawn Snider has joined the firm as an Associate Lawyer.
His journey to become a lawyer was completed on June 25, 2019, when he was called to the Bar of Ontario at Roy Thomson Hall in Toronto.
Shawn completed his Articles with the firm and earned his law degree (J.D.) from Osgoode Hall Law School. Prior to law school, he completed a Bachelor of Arts degree in Political Science from Saint Francis Xavier University in Antigonish, Nova Scotia.
In his spare time, he coaches AAA hockey and enjoys spending time with family and friends, playing golf and travelling as much as possible.
Shawn will be serving clients in Toronto, Brantford, Simcoe and surrounding communities. His addition to the firm further enhances Smitiuch Injury Law's commitment to providing excellent customer service.
Shawn can be reached directly at, shawn@sil.lawyer or 416-621-1551, ext. 217
April 22, 2019
Spring 2019 issue of Disclosure newsletter is now available
The Spring 2019 issue of the Disclosure newsletter is now available. The feature article describes our firm's trademark brand of zealous advocacy across Canada. Other articles include: McKnight v. Ontario (Transportation) appeal results and 7 ways the law can work against injury victims.
Click here to read the newsletter.
April 15, 2019
2019 HHS 26th Annual Conference on Neurobehavioural Rehabilitation in Acquired Brain Injury
Smitiuch Injury Law is pleased to be a Gold Sponsor of this important event. It will be held on May 2 - 3, 2019, at the Hamilton Convention Centre, Hamilton, Ontario.
We encourage all ABI Rehabilitation Professionals, Psychologists, Physicians, Program Planners and Advocates to attend.
Click here for further details.
April 8, 2019
Former "Highway Hero" Seeks Justice after Becoming Victim of Hit and Run
An OPP officer, once lauded as a "highway hero" for coming to the aid of car crash victims, is now a victim himself. OPP Constable Patrick Chatelain, a former Canadian Forces Medic, is seeking justice after charges were withdrawn against the alleged driver of a car that struck and dragged him during a routine traffic stop in Mississauga.
"After dedicating most of my life to helping others, I never imagined that I’d wind up a victim," said Chatelain. "Worst of all, is the feeling that the person responsible for such a callous act could walk away scot-free."
On September 4, 2017, at about 8:40 a.m., Chatelain pulled over a rented vehicle on Hurontario Street near the 403, when it suddenly accelerated. The officer was struck and dragged approximately 100 metres as the vehicle swerved, changed lanes, then sped off. A driver who arrived on scene, captured this dash-cam video of the dramatic incident with Chatelain ending up lying on the roadway. Another driver, called 911. That call can be heard here. Chatelain, who lost consciousness, suffered serious injuries including a traumatic brain injury.
"We are seeking justice and accountability," said Michael Smitiuch, of Smitiuch Injury Law PC, who along with Peter Cho, are the lawyers representing Chatelain. "This shouldn’t be asking too much for any officer who puts his or her life on the line every day. Sadly, Chatelain has no other recourse than to seek justice through the civil system."
In the Statement of Claim filed today in the Ontario Superior Court of Justice in Milton, Chatelain is seeking $4 million in damages against the alleged driver, Ian Green of Brampton, Enterprise Rent-A-Car and Aviva General Insurance Company. Smitiuch alleges in the Statement of Claim that Green, or an individual that Green loaned the vehicle to, was reckless and aggressive, driving at a high rate of speed, knowing full well that Chatelain was hanging on to the front driver’s side of the vehicle.
Further details can be found by clicking on one of the links below:
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551
Peter Cho, peter@sil.lawyer 416-621-1551
Danna O’Brien, danna@obriencommunications.ca 416-500-0699
February 9, 2019
Kids Can Fly - 12th Annual Storybook Breakfast
Children of all ages enjoy a magical experience eating breakfast with their favorite storybook characters. Proceeds from this event go to Kids Can Fly and are used to support early child development and parenting.
Smitiuch Injury Law is pleased to be a participant and donor of this event.
Kids Can Fly is an independent charitable initiative, unique to Brant County, which exists to support early child development and parenting and to help all children maximize their potential.
"The first six years of life set the stage for lifelong learning, behaviour, health and well-being." Dr. J. Fraser Mustard
For more information contact: Sharon Brooks, Executive Director, Kids Can Fly / sharon.brooks@sympatico.ca or www.kidscanfly.ca
Contact Michael Smitiuch for further information.
February 6, 2019
Ontario Bar Association's Institute - Elder Law Program Mike Smitiuch, Panelist
Mike Smitiuch was a speaker and panelist at an Elder Law program hosted by the Ontario Bar Association's Institute today. He discussed the successful trial Smitiuch Injury Law recently won against Sunrise Senior Living and the jury's awarding of punitive damages.
77-year-old Evelyn Coulson was a resident of a Sunrise Senior Living facility in Brampton. She died of strangulation on June 15, 2009, when her head became trapped between her mattress and a halo ring.
Mike specifically spoke about obtaining punitive damages in this case and how the jury recognized the elder abuse actions of Sunrise. Although rare in Canada, punitive damages are meant to punish a defendant and are only awarded in specific circumstances including those in which the conduct is highly reprehensible and departs from the ordinary standards of decent behaviour.
Mike Smitiuch can be contacted directly at, mike@sil.lawyer or 416-621-1551.
January 28, 2019
Ongoing fight for justice leads to appeal to the Supreme Court of Canada
The Chiocchio v. Hamilton case has been appealed by our firm to the Supreme Court of Canada. At trial our firm was successful against the City of Hamilton but the Ontario Court of Appeal overturned this trial decision.
Click here to read an article in the Law Times about this motor vehicle case.
The Chiocchio appeal is the second case that Smitiuch Injury Law is involved in that has been appealed to the Supreme Court of Canada. The other is Schnarr v. Blue Mountain. In this case, the Court of Appeal found that provisions in the Occupiers’ Liability Act trump the Consumer Protection Act when it comes to waivers.
Click here to read the Law Times article about the waiver case being appealed at the Supreme Court.
January 25, 2019
Ontario Court of Appeal upholds $2.4 million trial verdict
The Ontario Court of Appeal has upheld our $2.4 million trial verdict in McKnight v. Her Majesty the Queen. This was a chronic pain case and it resulted in the maximum being paid for pain and suffering damages allowable under the law in Canada.
The full Court of Appeal decision can be read by clicking here.
The following is a summary of the McKnight v. Her Majesty the Queen trial.
After a five week trial, a Brantford jury awarded a driver $2.4 million in damages in an incident involving a snow plow. The driver, 37-year-old Greg McKnight of Brantford was driving home from work westbound on Highway 403 in Hamilton, when a snow plow at the Wilson Street overpass pushed snow and ice onto his car, smashing through the sunroof. McKnight suffered chronic pain and psychological distress.
The two snow plow companies, contracted by the City of Hamilton and Province of Ontario, admitted liability in a case that’s taken nine years to make its way through the courts. On April 20, 2017, the jury awarded $2.4 million to the driver, including $600,000 for pain and suffering damages, $950,000 for loss of income, and $800,000 for cost of care and other expenses.
January 23, 2019
"Nobody should have to go through this"
On August 15, 2017, John Churcher was driving the family's motor home and his wife, Debbie Churcher was following behind in her car. Another car, travelling in the opposite direction, crossed the centre of the road and collided with the motor home and then Debbie's car. Sadly John was killed in the accident. The other driver was charged with careless driving and the police report states "had the Chevrolet remained in its proper lane of travel, this would not have happened."
As tragic as this accident is, it become worse for the Churcher family when lawyers acting for The Co-operators Insurance filed a counterclaim claiming Churcher caused or contributed to the accident by failing to keep her car in her lane, trying to pass the motor home, speeding, not braking, or that she was impaired or incompetent.
"I’ve been doing this a long time," said Mike Smitiuch who represents Debbie. "I was very surprised when I received that statement of defence and concerned how it might impact Deborah."
Further details on this story can be found by clicking on the link to a Brantford Expositor story written by Susan Gamble.
Mike Smitiuch can be contacted directly at, mike@sil.lawyer or 416-621-1551.
January 1, 2019
Smitiuch Injury Law is very pleased to announce that Peter Cho is now a Partner with the firm.
In a short time Peter has distinguished himself as a stellar trial lawyer with exceptional client service abilities. Peter received his J.D. from Osgoode Hall Law School in 2010 and joined Smitiuch Injury Law as an Associate in 2011 after completing his articles with the firm.
Congratulations Peter!
Peter Cho can be contacted directly at, peter@sil.lawyer or 416-621-1551.
November 1, 2018
Fall 2018 issue of Disclosure newsletter is now available
The Fall 2018 issue of the Disclosure newsletter is now available. The feature article is our recent trial success and the treatment of seniors in long-care homes. Other articles include: Schnarr v. Blue Mountain Resorts and 7 Distracted Driving Facts.
Click here to read the newsletter.
October 12, 2018
BREAKING NEWS: Women injured by a falling piece of concrete at Union Station in Toronto
A female passenger who was waiting for a train at Union Station in Toronto, was hit on the head by an object that fell from the ceiling. Her injuries were serious.
Although an official from Metrolinx assured the public that Union Station is safe and added inspections will be completed, Mike Smitiuch of Smitiuch Injury Law told Global News that "the incident shouldn’t have happened in the first place." He said the woman could launch a lawsuit.
"When you go into a building, you should be able to assume that it’s safe and, in fact, the owner of a building has a duty to keep it safe," Smitiuch said. "There is no doubt in my mind that Metrolinx, or whoever was actually responsible, is liable."
Further details of the incident can be found by clicking on the Global News link:
Michael Smitiuch, Principal at Smitiuch Injury Law, is frequently asked by local and national news outlets for his expert analysis of personal injury matters.
He can be reached directly at, mike@sil.lawyer or 416-621-1551
October 19, 2018
Ontario Trial Lawyers Association (OTLA) Fall 2018 Conference
Peter Cho, Smitiuch Injury Law Associate, was one of the presenters at the Fall 2018 OTLA conference held on October 19, 2018, in Toronto. Peter spoke on, "Presenting Your Chronic Pain Case Before a Jury".
Peter can be reached directly at, peter@sil.lawyer or 416-621-1551
OTLA is a non-profit professional organization that exists to champion and advocate for the rights of those who have suffered injury and loss through the wrongdoing of others. It was formed in 1991 and has over 1,500 members from across North America.
More information about OTLA can be found on their website.
August 7, 2018
Articling Students Join Smitiuch Injury Law
Smitiuch Injury Law is pleased to welcome our two newest articling students, Patrick Myers and Shawn Snider.
Patrick earned his law degree (J.D.) from the University of Ottawa. Before studying law, he completed an Honours Bachelor of Social Science degree in Criminology from the University of Ottawa.
Shawn earned his law degree (J.D.) from Osgoode Hall Law School. Before studying law, he completed a Bachelor of Arts degree in Political Science from Saint Francis Xavier University in Antigonish, NS.
They will both be with our firm for the next ten months.
Patrick can be reached directly at, patrick@sil.lawyer or 416-621-1551 and Shawn can be reached directly at, shawn@sil.lawyer or 416-621-1551.
July 16, 2018
Supreme Court of Canada Appeal
Smitiuch Injury Law is continuing the fight against overly broad waivers which remove fundamental consumer protections. Our firm is part of the team seeking leave to appeal Schnarr v. Blue Mountain Resorts Limited to the Supreme Court of Canada.
In Schnarr v. Blue Mountain Resorts Limited, the Ontario Court of Appeal heard two cases together that involved injured skiers bringing lawsuits against ski resorts after having signed agreements waiving the facilities' liability in the event they got hurt.
For further information contact:
Peter Cho, peter@sil.lawyer 416-621-1551 or Mike Smitiuch, mike@sil.lawyer 416-621-1551
July 12, 2018
Mississauga Nursing Home Found Negligent In Death of Elderly Patient
A jury has found Sunrise Senior Living Inc. negligent in the death of a 77-year-old patient.
Evelyn Coulson of Brampton died of strangulation on June 15, 2009, at the Mississauga nursing home at 4046 Erin Mills Parkway, when her head became trapped between the mattress and a halo ring, a medical device used to help patients get in and out of bed.
"This case is about holding those who played a role in Evelyn Coulson’s death accountable," said Michael Smitiuch, of Smitiuch Injury Law PC, the lawyer for the Coulson family. "Families need to know that they can trust the people who are supposed to be caring for their elderly parents or relatives."
In total, the jury awarded damages in the amount of $640,000 after finding that Sunrise Senior Living Inc., as well as the manufacturer and the installer of the halo ring were negligent in Coulson’s death.
Although it is rare in Canada, punitive damages were specifically awarded against Sunrise. Punitive damages are meant to punish a defendant and are only awarded in specific circumstances including those in which the conduct is highly reprehensible and departs from the ordinary standards of decent behaviour.
The trial heard that Sunrise staff covered Coulson’s bruised neck with a towel and did not disclose the way in which she died. It was only when the coroner attended, that the family learned about the horrific manner in which she died.
"The death of Evelyn Coulson was clearly preventable," added Smitiuch. "As elder care becomes a greater issue, the goal is to ensure that what happened to Evelyn Coulson, doesn’t happen to anyone else."
The jury reached its verdict after a four-week trial at the Superior Court of Justice in Brampton. Michael Smitiuch and Luke Hamer represented the Coulson family.
Further details can be found by clicking on one of the media links below.
- Brampton Guardian
- Mississauga.com
- Globe Advisor
- Yahoo!
- Chronicle Journal - Thunder Bay
- Shaw Connect
- Canadian Insider
Click on the link below to read the article written by the Toronto Sun's award-winning columnist Michele Mandel, it was written after opening statements were delivered to the jury in the Coulson case.
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551
Danna O’Brien, danna@obriencommunications.ca 416-500-0699
April 9, 2018
25th Annual Conference on Neurobehavioural Rehabilitation in Acquired Brain Injury - The Evolving Landscape of Brain Injury Rehabilitation
Smitiuch Injury Law is pleased to be a Gold Sponsor of this important event. It will be held on May 2 - 4, 2018, at the Hamilton Convention Centre, Hamilton, Ontario
We encourage all ABI Rehabilitation Professionals, Psychologists, Physicians, Program Planners and Advocates to attend.
Click here for further details.
January 22, 2018
The Winter 2018 issue of our newsletter, Disclosure, is now available.
Jury awards a Smitiuch Injury Law client $2.44 million after a trial in Brantford. Find out what well known politicians are lawyers. Smitiuch Injury Law staff volunteer at Lawyers Feed the Hungry in Toronto.
These are just a few of the interesting articles in this issue.
Click here to read Disclosure online or click here to be added to our newsletter distribution list.
This article was originally published in THE LAWYER'S DAILY by LexisNexis Canada on Monday, January 8, 2018 | By Michael Smitiuch
January 11, 2018
Multiple hospital suicides result in legal action
On a warm evening in June some three-and-a-half years ago, Rakesh Tiwari drove his son to Ontario's Brampton Civic Hospital with self-inflicted cuts to his neck and chest. Like many 20-year-olds, Prashant Tiwari was going through a difficult time in his life, and he willingly travelled to the hospital with his father that evening. Prashant Tiwari was voluntarily admitted to the secure psychiatric unit within Brampton Civic Hospital and placed on suicide watch. He pleaded with hospital staff to help him take his own life and orders were issued to check on him every 15 minutes. When Tiwari drove away from the hospital that evening he was relieved that his son would receive the care and attention that he badly needed.
On June 26, 2014, 10 days after being admitted to the hospital, Prashant Tiwari was found dead, hanging by his hospital gown, in the shower area of the secure psychiatric unit. In a Statement of Claim issued by the Tiwari family in 2016, it is alleged that although Tiwari was to be kept in a strict 15-minute secure psychiatric unit, he had been left alone in the shower area for over two hours and 40 minutes while staff attended a potluck luncheon.
Sadly, the death of a patient while under suicide watch in hospital is not a rare occurrence in Canada. In 2014, CTV's W5 reported that although there is no central database for tracking suicides in hospitals, it is believed that there had been approximately 300 deaths over 10 years involving suicidal patients who were supposed to be on strict watch. Ninety-eight of those cases occurred in Ontario.
Despite these mounting deaths, a coroner's inquest is rarely called in Ontario for in-hospital suicide deaths. After an inquest into the death of his son was denied, Tiwari sought a judicial review of the decision before the Divisional Court in December 2015 but his application was denied.
Public outrage and media attention surrounding the death of Prashant Tiwari prompted the Ontario government to announce the formation of the Suicide Prevention Standards Task Force in May of 2015. This Ontario Hospital Association task force was given one year to develop "newly established, consistent standards that can be applied across the province to reduce the number of persons who have died by suicide while receiving hospital care." It’s now been more than two and a half years since that announcement, and the task force has yet to release its findings and recommendations.
Meanwhile, patients under suicide watch in hospitals have continued to die. In 2016, troubling reports emerged out of Hamilton, Ont., where an unusual number of patient suicide deaths had occurred at St. Joseph’s West 5th Campus, which is the area’s specialized mental health hospital. The hospital commissioned a review of the suicides. In July of 2017, an "External review of suicides at St. Joseph's Healthcare Hamilton" revealed that there had been five in-patient deaths and four outpatient deaths in 2016. In addition, it was reported that there had also been two other suicides associated with the hospital in 2017.
Forty-two-year-old Joel Verge and 29-year-old Brandon Taylor were among the patients who committed suicide at St. Joseph’s West 5th Campus in 2016. Both the Taylor and Verge families launched $8.5 million lawsuits in October 2017, alleging that in separate instances both men were allowed to take their own life while on hospital suicide watch.
On October 19, 2016, hoping to turn his life around, Verge admitted himself into the hospital seeking help with substance abuse and mental health issues. It is alleged in the Statement of Claim that on October 25, 2016, he attempted suicide by cutting his neck with a knife in the washroom. It is further alleged that after this suicide attempt Verge was placed under one-on-one constant observation, yet was still able to hang himself in his hospital room on November 3, 2016.
The details surrounding the death of Taylor are equally concerning. It is alleged in the Statement of Claim that after attempting to take his own life by consuming large amounts of medication on August 15, 2016, he was admitted involuntarily into hospital and placed under suicide watch every 15 minutes. Despite this, it is further alleged that Taylor was allowed to keep his cell phone in his room and conducted Google searches on how to take his life. On August 18, 2016, he was found unresponsive lying on his hospital bed with a plastic bag over his head. He was pronounced dead on August 19, 2016.
Until the government and hospitals are willing to take meaningful and proactive steps to ensure a patient’s safety, the sad reality is that more people on suicide watch will likely die and legal action will follow. The simple truth is that one patient death is too many and that those who have been specially trained to protect high-risk patients from themselves have a duty to keep them safe.
Michael Smitiuch and Luke Hamer represent the Tiwari, Verge and Taylor families.
Michael Smitiuch is the founder of Smitiuch Injury Law and can be contacted directly at, [email protected] or 416-621-1551.
Luke Hamer is an Associate Lawyer at Smitiuch Injury Law and can be contacted directly at, [email protected] or 416-621-1551.
Click here to read more
December 5, 2017
CBC News interviews Michael Smitiuch about auto insurance reforms
The Ontario government has announced plans to reform the auto insurance system in an attempt to reduce fraud, develop standard treatment plans and ultimately reduce rates for Ontario drivers. New independent assessment centres are also going to be set up where medical professionals will examine car accident victims and then advise insurance companies on the treatment and support required.
Ontario has the most expensive auto insurance premiums in Canada despite also having one of the lowest levels of car accidents and related fatalities.
Personal Injury lawyer, Michael Smitiuch of Smitiuch Injury Law, blasted the proposal, arguing that the government's plans will complicate the treatment and claims process for victims.
"This is a government that really has a pattern of really punishing those who need help the most," Smitiuch told CBC News Toronto. "The proposal to develop standard treatment plans is a cookie cutter approach that will not adequately meet the needs of people injured in accidents", he said. "I foresee more difficulties for injury victims in the future, I foresee problems claiming benefits and having them actually paid out."
Further details can be found by clicking on the CBC News link below.
Globe and Mail Investigation
- Licensed to bill: How doctors profit from injury assessments that benefit insurers
- Insurance assessment firms altered, ghostwrote accident victim reports
For more information contact Mike Smitiuch directly at, mike@sil.lawyer or 416-621-1551
October 30, 2017
BREAKING NEWS: Families Seek to Hold Hamilton Hospital Accountable for Patient Suicide Deaths
The families of two patients, who were able to take their own lives while they were supposed to be under close hospital supervision, have each filed $8.5 million negligence suits against St. Joseph’s Health System and members of its staff.
"A hospital should be the safest place possible for people in crisis," said Michael Smitiuch of Smitiuch Injury Law, the lawyer representing the families of Brandon Taylor and Joel Verge. "These families are raising questions about a serious lapse in common sense protocols at a hospital that’s contending with numerous recent patient suicides."
On August 15, 2016, 29-year old Brandon Taylor was rushed to St. Joseph’s after attempting to take his life by an alcohol and drug overdose. He was admitted to the psychiatric unit, where he was supposed to be monitored by staff every 15 minutes. On August 18, shortly after a nurse reassured his mom that he would be safe, Brandon took his own life at the West 5th Campus. Leading up to his death, Brandon was permitted to keep his cell phone, which he used to research his method of suicide.
On October 19, 2016, 42-year old Joel Verge admitted himself to St. Joseph’s to get help with mental health and substance abuse issues. On October 25, he tried to take his own life in the hospital washroom. On November 2, after members of staff were directed to scan his room for risk items and while he was under one on one "constant observation" Joel attempted suicide and was found unresponsive. He was taken off life support and pronounced dead on November 9, 2016.
Smitiuch alleges in each Statement of Claim that Joel and Brandon died as a direct result of hospital and staff negligence by failing to properly monitor the men and allowing them access to materials that they used to take their own lives.
"Brandon and Joel’s suicides are a painful reminder of a systematic problem that urgently needs to be addressed in hospitals right across Ontario," added Smitiuch. "Families have been waiting more than two years for the province to introduce new standards to help prevent hospital suicides. Sadly, they’re still waiting."
Eleven people being treated as in-patients, out-patients and while on day passes at St. Joseph’s Health System have taken their own lives over the past two years. The hospital has made recommendations following an external review.
Further details can be found by clicking on one of the media links below.
- The Hamilton Spectator
- CBC Hamilton
- CHCH News
- National Post
- Global News
- The Toronto Star
- Huffington Post
- CTV News
- Toronto Sun
For more information contact Mike Smitiuch directly at, mike@sil.lawyer or 416-621-1551
October 11, 2017
Hamilton Jury Returns Verdict In Favour of Injured Police Officer
On October 5, 2017, a jury in Hamilton returned a verdict in favour of an Ontario Provincial Police officer who was injured in the line of duty. Michael Smitiuch and Peter Cho of Smitiuch Injury Law were the lawyers for the police officer. The trial took almost three weeks and numerous witnesses testified, including medical and financial experts and police officers.
On March 28, 2012, Constable Dave Sparrock pulled over a vehicle for a Highway Traffic Act violation. While he was writing a ticket in his police cruiser (which had all emergency lights on) a transport truck failed to move over and smashed into the cruiser.
The jaws of life were needed to cut Constable Sparrock out of his vehicle and then he was rushed to the hospital. Constable Sparrock was forced to retire early from the police force due to the injuries suffered in this collision.
We applaud Constable Sparrock's efforts since he was injured to create public awareness and try to prevent further officers from being injured or killed through his efforts with the Ontario Provincial Police Association's Move Over Campaign. Since 2003 the Move Over law has been in effect which requires motorists to slow down and move over for emergency vehicles. Please click here to view the OPPA's Move Over Video.
For more information contact Mike Smitiuch directly at, mike@sil.lawyer or 416-621-1551 or Peter Cho directly at, peter@sil.lawyer or 416-621-1551
This article was originally published in THE LAWYER'S DAILY by LexisNexis Canada on Monday, September 11, 2017 @ 04:04 PM | By Terry Davidson
September 11, 2017
Ontario Provincial Police using GPS darts make roads safer, could threaten privacy
The Ontario Provincial Police have a new pilot project in place where they shoot at fleeing cars using Global Positioning System (GPS) darts which track the vehicles' movements.
Those involved in the trial project say the use of darts could mean fewer casualties from high-speed chases. Experts, however, warn their use could also lead to privacy issues if overzealous or unscrupulous officers misuse the new technology.
It was during the small hours of Sept. 1 that OPP officers in Brant County used the new darts — fired from the front of a cruiser — to track a car fleeing a Reduce Impaired Driving Everywhere spot check. The suspect car was allegedly tracked doing 155 km/h in the Hamilton-Burlington area before heading onto Highway 403 and then the Queen Elizabeth Way. It was finally stopped with a police road block on Highway 407.
This was the seventh time the OPP used the GPS darts in this pilot project — the only one of its kind in Ontario at the moment, according to an OPP spokesperson.
The technology works like this: If a suspect vehicle flees police, an officer inside the cruiser triggers the firing of a dart from a small cannon-like device attached to the cruiser’s front grill. The dart sticks to the back of the suspect vehicle by means of both a magnet and an adhesive. Pursuing police then pull back. Investigators track the suspect vehicle using the dart’s GPS and use this to strategize an apprehension.
Toronto personal injury lawyer Michael Smitiuch, of Smitiuch Injury Law, called the use of the technology "brilliant" if it means reducing potential injuries and deaths resulting from high-speed police chases.
"In my practice, regularly, over the last 20 years I’ve been doing it, we’ve seen police-chase cases," said Smitiuch. "This is probably a welcome innovation because it might minimize the number of accidents that result from a police chase."
But the other side of the coin presents "an interesting aspect," he said.
Privacy issues could arise if officers use the darts in a non-emergency situation, such as to monitor a driver not fleeing police, or if the darts are used for nefarious personal reasons, such as to monitor a former spouse or romantic partner.
"Just like any technological advance, it’s open to abuse, potentially, and that is where the training, protocols and procedures are important as to how and when it is used," Smitiuch said. "Certainly, if the suspect is fleeing, those are exigent circumstances and they legally would be allowed to deploy this. But it is open to abuse … [if] they deploy it on a vehicle where there aren’t exigent circumstances and they use this to track them."
Sgt. David Rektor, a community service coordinator with West Region OPP, said public safety and the proper use of the GPS "tags" are stringently covered in training, and that officers can only use the darts on a fleeing vehicle and in no other circumstance.
"I can’t comment on [Smitiuch’s] speculation … that somebody would use this for anything other than what is intended for. What I can say is the suspect apprehension pursuits are governed by the Police Services Act," he said.
"The training is very structured as to when you will use the technology and what circumstances you will use it under," he explained. "The involved members must continually assess whether there is a risk to public safety in the pursuit. …The deployment of [the darts] would certainly be in those situations when a suspect apprehension pursuit is about to unfold or is just happening."
University of Toronto faculty of law professor Simon Stern said Smitiuch makes valid points when talking of potential privacy problems.
"Obviously, even the training wouldn’t necessarily determine how officers use it, it could just influence how they use it," said Stern, adding that an officer attaching a dart to a vehicle not fleeing police could throw a wrench into court proceedings should the driver of that vehicle end up being charged with something.
"They then bring in the evidence that the dart has recorded," said Stern. "At that point, the question will arise, 'Why did you attach it? It doesn’t sound like it counts as exigent circumstances.' … One might expect that the court would simply be reluctant to admit that evidence in."
As far as the possibility of an unscrupulous officer using GPS darts for non-police matters, Stern says this could open a civil claim against the officer should the target of the tag discover they are being unlawfully monitored.
It all comes down to the individual officer, Stern said.
"There is only a limited extent to which training will ensure that people won’t use it for purposes like that. At the end of the day, the question you’ve got to ask, on balance, is what can you confidently predict about the likelihood of these different uses, and in light of all that, is it really worth it? And I’m not sure if anybody is in a good position to make that prediction," he added.
Michael Smitiuch is the founder of Smitiuch Injury Law and can be contacted directly at, mike@sil.lawyer or 416-621-1551
This article was originally published in THE LAWYER'S DAILY by LexisNexis Canada on Thursday, July 13, 2017 @ 08:51 AM | By Michael Smitiuch
July 14, 2017
Personal Injury - Rethinking the cap on pain and suffering damages
On April 20, 2017, a jury in Brantford awarded an injured plaintiff over $2.4 million in damages after a five-week trial. Included in this award was $600,000 for pain and suffering damages. This award came almost 40 years since the Supreme Court of Canada in Andrews v. Grand and Toy Alberta Ltd. imposed what amounted to a cap or upper limit of $100,000 on nonpecuniary general damages for injury cases. In today's dollars, this upper limit is just over $370,000.
The $600,000 award in McKnight v. Her Majesty the Queen et al. has stoked debate in personal injury circles as to whether the time for a cap on pain and suffering damages has come and gone.
In Andrews, the Supreme Court encountered a 21-year-old who was struck down in the prime of his life and rendered a quadriplegic. Justice Brian Dickson, writing on behalf of the court, held that $100,000 would be the appropriate award and that "save in exceptional circumstances, this should be regarded as an upper limit of nonpecuniary loss in cases of this nature."
The court's reasoning for an upper limit focused on the "paramountcy" of adequate future care and the reality that one's expectation of life and the quality thereof was not objectively quantifiable and by necessity "arbitrary."
The Supreme Court also placed great emphasis on policy reasons for a cap and noted that since there was no "objective yardstick" for translating pain and suffering into monetary terms, "this area is open to widely extravagant claims." The court therefore held that this was the "area where there is the clearest justification for moderation."
While the Supreme Court's reasoning may have been well intentioned, from the standpoint of those severely injured plaintiffs who have come before the courts since the imposition of the cap, this "moderation" has resulted in a grave injustice.
One of the most difficult tasks that a plaintiff’s counsel faces is explaining to an innocent victim who has suffered catastrophic injuries that he or she will likely receive no more than $370,000 for pain and suffering. For many, the loss of the ability to play with their grandkids or throw a ball with their child or walk their daughter down the aisle is the most distressing part of being injured. Even if one were to accept that the rationale for imposing a cap was sound in 1978, we now live in a different time.
Our society has evolved and there is a greater sensitivity and recognition of the struggles that people face. There have also been significant advances in medical technology which help us better understand the origins of pain and the impact that it has on a person's ability to function. Proponents of doing away with the cap also argue that the arbitrary nature of pain and suffering damages is no excuse for simply putting a limit on these damages.
We can and should expect more from our judicial system. For many, the pendulum has swung much too far in favour of defendants and insurance companies. For instance, In motor vehicle accident cases an injury victim often faces both the cap as well as a threshold and deductible which further restrict pain and suffering damages.
Any concerns that doing away with a cap will result in awards that are "extravagant" can be easily allayed: Continue to follow our common law system of judicial precedent.
As the Supreme Court stated in Andrews, any award needs to be "fair and reasonable." However, this does not mean that a limit should be imposed. Each plaintiff's circumstances and impact on his or her quality of life must be taken into account. For example, in McKnight although the plaintiff's injuries were less serious than someone rendered a quadriplegic, the impact on his quality of life was significant and hence the $600,000 jury award.
No amount of money can ever make up for the losses suffered by an injured person, but by rethinking and ultimately doing away with the cap on pain and suffering damages, innocent injury victims will be a step closer to obtaining real and meaningful justice.
Michael Smitiuch is the founder of Smitiuch Injury Law and his firm represented McKnight at trial. Peter Cho and Luke Hamer were trial counsel.
This article was originally published in THE LAWYER'S DAILY by LexisNexis Canada on Monday, June 26, 2017 @ 09:12 AM | By Michael Smitiuch
July 3, 2017
Civil Litigation - Will Toronto’s new trial sitting pilot project stand the test?
With significant trial delays as the norm and access to justice a real concern, the recent announcement that the Toronto region will be operating under a new jury trial sitting pilot program is welcome news to many.
For as long as a lot of seasoned litigators can recall, they have been faced with the unenviable task of explaining to their client that although discoveries are completed and they are ready for trial, the actual trial date set by the court will be at least one or two years away. This has been a difficult pill for many litigants to swallow, especially injury victims who are hurting both financially and medically.
With the announcement that all two- to three-week personal injury jury cases will only be scheduled for month-long jury trial sittings in November 2017 and June 2018 comes the hope that cases will move more efficiently through the judicial system. Medical malpractice actions are specifically excluded from these changes. This is only a trial project and further sittings for the fall of 2018 and beyond will be considered depending on the success of the project.
The concept of a sittings system is not new in Ontario. Both the Central West and Central East regions have used sittings for quite some time. Counsel can and will argue the pros and cons of a sittings system, but the reality is, and most would agree, that something needed to be done in Toronto to help alleviate the backlog of cases and allow litigants more timely access to justice.
Critics of a sittings system point to the inconvenience and uncertainty that comes with not having a fixed trial date. Some counsel are hesitant to double or triple book trials on the off chance that they may face multiple trials and hence simultaneous trial preparation. With access to justice one of the primary goals of our judicial system, should we really be concerned if witnesses or counsel face uncertainty with their schedules?
Much like the fast-paced and ever advancing world that we live in, lawyers and the judicial system need to be flexible and adapt. If this means having more than one case on the trial list so be it. For the most part, the sittings in each jurisdiction will not overlap, but if they do, the courts will need to take a pragmatic and fair approach to sorting out the rare instance when counsel has two cases going to trial simultaneously.
The reality is that the overwhelming majority of personal injury cases settle before trial. A looming trial date often proves to be one of the strongest incentives. In theory, a trial sittings system should allow cases to be scheduled for trial sooner and therefore lead to earlier settlements. Only time will tell if this becomes the reality.
The change to the trial scheduling system in Toronto comes at the same time as the new requirement that a mediation must be completed before setting an action down for trial. In the short term this precondition will no doubt free up more room on the trial docket as cases will likely take longer to get to the trial record delivery stage. Counsel will need to be diligent in scheduling mediations as early as possible to ensure that the progression of the action does not grind to a halt. Without that diligence this requirement could result in the overall length of cases in Toronto being extended. It is also possible that in those cases where mediations fail at an early stage, parties may become more deeply entrenched in their positions, which could lead to more cases on the trial docket.
The mandatory mediation requirement is consistent with the overall approach taken by the court in Toronto in recent years. There has been a clear effort made by judges to resolve cases at the pretrial stage.
While an active and engaged judiciary has been welcomed by most there have been instances where some feel the pressure put on injury victims has been too much. An injured litigant down on his or her luck with depleted resources and softened resolve is no match for an insurer looking to close a file and a judge looking to clear his or her docket.
A balanced and fair approach by our judiciary is required for true access to justice to be achieved. That means ensuring that a rush to settlement does not prevail over everything else.
Michael Smitiuch is the founder of Smitiuch Injury Law and can be contacted directly at, mike@sil.lawyer or 416-621-1551
June 30, 2017
2017 Smitiuch Injury Law Scholarship Recipient – Holy Trinity Catholic High School, Simcoe, ON
The recipient of the 2017 Smitiuch Injury Law Holy Trinity Legal Studies Scholarship is Brooke Magalas. We wish Brooke all the best in her future education.
This is the first year that this scholarship has been awarded to a Holy Trinity graduating student.
This year's winner was announced on Thursday, June 29, 2017, during the Graduation ceremonies held at Holy Trinity in Simcoe, ON. The $250 scholarship is awarded to a student of Holy Trinity who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the Holy Trinity community beyond the minimum requirements.
For more information contact Mike Smitiuch directly at, mike@sil.lawyer or 416-621-1551
June 30, 2017
2017 Smitiuch Injury Law Scholarship Recipient - Assumption College, Brantford, ON
The recipient of the 2017 Smitiuch Injury Law Assumption College Legal Studies Scholarship is Thomas Terpstra. We wish Thomas all the best in his future education.
This year's winner was announced on Thursday, June 29, 2017, during the Graduation ceremonies held at Assumption College in Brantford, ON. The $250 scholarship is awarded to a student of Assumption College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the Assumption College community beyond the minimum requirements.
For more information contact Mike Smitiuch directly at, mike@sil.lawyer or 416-621-1551
June 30, 2017
2017 Smitiuch Injury Law Scholarship Recipient - St. John's College, Brantford, ON
The recipient of the 2017 Smitiuch Injury Law St. John's College Legal Studies Scholarship is Dominik Dabrowski. We wish him all the best in his future education.
This year's winner was announced on Thursday, June 29, 2017, during the Graduation ceremonies held at the Sanderson Centre for the Performing Arts in Brantford, ON. The $250 scholarship is awarded to a student of St. John's College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the St. John's College community beyond the minimum requirements.
The annual scholarship was established in 2006 by Smitiuch Injury Law's Principal, Michael Smitiuch, and Litigation Coordinator, Arthur Ryan. Both Mr. Smitiuch and Mr. Ryan are alumni of St. John's College.
For more information contact Mike Smitiuch directly at, mike@sil.lawyer or 416-621-1551 or Arthur Ryan directly at, arthur@sil.lawyer or 416-621-1551
June 7, 2017
FORE the Kids Charity Golf Tournament - June 24, 2017, Granite Ridge Golf Club, Milton, Ontario
Smitiuch Injury Law is pleased to be the premium sponsor of this tournament and a participant.
For 16 years a group of airline employees and friends have organized a golf tournament in the aid of a charity as a way to give back to our community. This year they are supporting Cardiac Kids, in support of SickKids Foundation.
Cardiac Kids is a non-profit charity organization established in 2000 to raise much-needed funds for children who are suffering from congenital heart disease. 1 in 100 Canadian children are born with a congenital heart defect and more than half need surgery to survive. Over half of the patients who require surgery are under one year old, and almost a quarter are less than a month old. Congenital Heart Defects or CHDs are the most common birth defect. Funds given to Cardiac Kids are used to support the children and staff of the cardiology ward at The Hospital for Sick Children.
To find out more about Cardiac Kids visit their website at www.cardiackids.ca or to find out more about SickKids Foundation visit their website at www.sickkidsfoundation.com
For further information about the tournament or to register, contact the tournament director at, FOREtheKids@outlook.com
May 11, 2017
BREAKING NEWS: $1,000,000 Breach of Privacy Lawsuit Started Against the William Osler Health System and a nurse.
A $1 million breach of privacy lawsuit has been filed by Smitiuch Injury Law on behalf of Valerie Darragh against the William Osler Health System and a nurse. Darragh was recently notified by William Osler that her Brampton Civic Hospital patient identification number was allegedly accessed by "an employee" for "non-hospital-related" use. A nurse has been charged with using patient identification numbers to steal Percoset.
Valerie spent two months in intensive care at Brampton Civic Hospital last year. Another former patient told The Brampton Guardian that her information was accessed as long as seven years ago.
"When patients are in a hospital's care, they shouldn't have to worry about how their personal information is being treated," said Darragh's lawyer, Mike Smitiuch of Smitiuch Injury Law.
"The (alleged) illegal access of her file has created stress, confusion and concern as to how this could have happened and what personal information has been disclosed," Smitiuch said of Darragh. "The hospital says things are under control, but how can she be sure?"
Further details can be found by clicking on one of the media links below.
If you have any questions or think that your privacy may have been breached, contact Mike Smitiuch directly at, mike@sil.lawyer or 416-621-1551
May 1, 2017
A Brantford jury awards our client $2.4 million after a five week trial
A Brantford jury has awarded a driver $2.4 million in damages in a motor vehicle incident involving a snow plow. The driver, 37-year-old Greg McKnight of Brantford was driving home from work westbound on Highway 403 in Hamilton, when a snow plow at the Wilson Street overpass pushed snow and ice onto his car, smashing through the sunroof.
McKnight suffered chronic pain and psychological distress. The two snow plow companies, contracted by the City of Hamilton and the Province of Ontario, admitted liability in a case that has taken nine years to make its way through the courts.
On April 20, 2017, the jury awarded $2.4 million to the driver, including $600,000 for pain and suffering damages, $950,000 for loss of income, and $800,000 for cost of care and other expenses.
Contact Peter Cho at, peter@sil.lawyer or 416-621-1551 for more details.
April 24, 2017
Michael Smitiuch discusses the Marshall Report and the vital role that lawyers play in helping injury victims fight for justice
The Marshall Report was written by former Workplace Safety and Insurance Board CEO David Marshall. In his report, Mr. Marshall states that although Ontario is the safest province in Canada to drive in, insurance premiums are the highest.
The complete Marshall Report can be read by clicking here.
Contact Michael Smitiuch at, mike@sil.lawyer or 416-621-1551 for more details.
April 6, 2017
Michael Smitiuch discusses the Madeleine Petrielli $4M lawsuit on Global News - The Morning Show.
Click here to watch Michael's interview on Global News
Contact Michael Smitiuch at, mike@sil.lawyer or 416-621-1551 for more details.
April 5, 2017
Family files a $4M lawsuit against the City of Mississauga, the Region of Peel and others, after their daughter was killed while crossing the street.
On December 2, 2016, 15-year-old Madeleine Petrielli, was killed while crossing an intersection in Mississauga with her boyfriend. Her boyfriend safely made it across the street but tragically Madeleine was struck by an SUV and died shortly afterwards.
The lawsuit claims the City of Mississauga and the Region of Peel failed to ensure the intersection was safe for pedestrians by maintaining proper street lighting.
"Not just one, but five street lights were out at the intersection on the night of this tragic collision and for several days leading up to it," says Michael Smitiuch, the lawyer representing the family. "The city and region have a responsibility to this family and the public to do their part to protect pedestrians. Fixing a few street lights seems a small price to save lives."
"It's horrible. My life is completely different," says Nicole Burnat, Madeleine's mother. "My daughter's not walking through the door again, she's not here to play with her little brother."
"Madeleine and far too many others have lost their lives at the hands of drivers while crossing the street," says Smitiuch. "We believe her tragic death could have been prevented."
Nicole Burnat, Madeleine's mother and Michael Smitiuch, the family's lawyer, answer questions during a press conference on April 5, 2017.
Full details of the accident and lawsuit can be found by clicking on one of the media links below.
- CBC News Toronto
- Global News Toronto
- The Toronto Star
- CP24 Toronto's Breaking News
- CTV News Toronto
- Toronto Sun
- The Brampton Guardian
For further details contact Michael Smitiuch at: mike@sil.lawyer or 416-621-1551
April 3, 2017
Hamilton Health Sciences 24th Annual Conference on Neurobehavioural Rehabilitation in Acquired Brain Injury - Gold Sponsorship
Smitiuch Injury Law is pleased to be a Gold Sponsor of this important event. It will be held on May 4 - 5, 2017, at the Hamilton Convention Centre.
We encourage all ABI Rehabilitation Professionals, Psychologists, Physicians, Program Planners and Advocates to attend.
Click here for further details.
March 8, 2017
UPDATE - The Adam Bari Story - Changes to Accident Benefits entitlement adds to family’s struggle
On June 1, 2016, significant changes were made to the province’s Statutory Accident Benefits Schedule (SABS). The most significant one was changes to the definition of the catastrophic impairment scale and resulting reductions in benefits.
Take Adam Bari's motorcycle accident as an example. His accident was on June 1, 2016, under the old definition of the impairment scale, he would have been declared catastrophically impaired and been eligible for up to $2 million in benefits. However under the new definition, Adam was not declared catastrophically impaired and therefore is only eligible for up to $86,000 in benefits.
"My understanding from medical experts is this new scale is fairly restrictive," said Michael Smitiuch, Bari’s lawyer. "You’re going to see, likely, people who automatically would have been deemed catastrophic in the past under the old GCS scale, they’re not going to be under the new scale."
Click here to read the complete Adam Bari story online at The Simcoe Reformer.
Adam Bari lies in hospital after a motorcycle accident on June 1 that put him in a coma for 13 days.
Adam Bari is seen in hospital after a motorcycle accident on June 1 that put him in a coma for 13 days.
For further details contact Michael Smitiuch at: mike@sil.lawyer or 416-621-1551
February 15, 2017
Smitiuch Injury Law staff volunteers at The Toronto Lawyers Feed the Hungry Program.
Fifteen staff and friends of the firm volunteered at The Law Society Foundation's Toronto Lawyers Feed the Hungry Program. The volunteers helped serve meals to over 400 Toronto residents. The Toronto Lawyers Feed the Hungry Program has provided hot, healthy community meals to Toronto residents in need since 1998. This important year-round program, providing more than 60,000 meals a year, is made possible thanks to generous donations to The Law Society Foundation and the work of committed volunteers.
http://www.lawyersfeedthehungry.ca/toronto.html
Image sourced from: http://safeglassforschools.com
Schools are probably the worst place to use it. Students are active and they are not always safety conscious. "It’s just a matter of time before children, being children, will impact the glass and be severely injured," says Michael Smitiuch, who is representing several injured students. It is estimated that one student per day is injured by wired glass in a Canadian school.
After being used for years, wired glass will be removed from the Canadian General Standards Board (CGSB) national building standards in February 2017.
Full details can be found by clicking on a link below.
Media Coverage:
For further details contact Michael Smitiuch at: mike@sil.lawyer or 416-621-1551
January 19, 2017
Father and son file $4M lawsuit against TTC over violent Union Station confrontation
Michael Smitiuch, the Gillmans' lawyer says all charges against the two men were dropped last month, and they've filed a damages suit against the two officers and the transit commission."Both the Gillmans and the public deserve assurances that this sort of incident won't be repeated," Smitiuch said in a statement.
Full details of the incident and the lawsuit can be found by clicking on a media link below.
Jamie (left) and Russell (right) Gillman have filed a $4 million lawsuit against two transit enforcement officers and the TTC, after a confrontation at Union Station in January 2015. (CBC)
Media Coverage:
For further details contact Michael Smitiuch at: mike@sil.lawyer or 416-621-1551
January 11, 2017 - Toronto Sun
"Reduced damages a tough fight for killer drunk driver"
Micheal Smitiuch thinks that civil lawyers for killer drunk driver Marco Muzzo will have a tough time convincing a jury that damages being sought by the victims' family should be reduced.
In an article published today in the Toronto Sun, Smitiuch says, "a jury would certainly feel that almost any amount of compensation could not make up for this loss, but certainly they wouldn't agree to a reduction based on things that are being argued here."
Click here to read the complete Toronto Sun article.
Michael can be reached directly at, mike@sil.lawyer or 416-621-1551, ext. 201
January 11, 2017 - CBC News Toronto
What should you do if you are in a car accident?
Michael Smitiuch answers the question in an article published by CBC News Toronto. Some key points to remember:
- Call police and any other emergency services needed.
- Carefully document the accident and take pictures.
- Contact your insurance company.
- If you cannot work as a result of the accident, access workplace short-term or long-term disability coverage.
- Consider legal action against the driver who is considered to have caused the accident.
- Access accident benefits whether you are at fault or not.
Click here to read the complete CBC News Toronto article.
Michael can be reached directly at, mike@sil.lawyer or 416-621-1551, ext. 201
December 23, 2016
50th Annual CP24 CHUM Christmas Wish 2016 Toy Donations
The employees of Smitiuch Injury Law are pleased to donate toys to the 50th Annual CP24 CHUM Christmas Wish 2016.
Close to 100 toys were donated.
Merry Christmas and Happy New Year to all!
December 14, 2016
Toronto Man Who Was Wrongly Convicted Files Suit Against Police
After spending five years, three months, and twenty days in prison for crimes he did not commit, a Parkdale man who was acquitted of all charges has filed a $4.5 million damages suit against Toronto police and the five officers he claims are largely responsible for his wrongful conviction.
"This is another case that raises serious concerns about the conduct and credibility of Toronto’s police force," said Michael Smitiuch, of Smitiuch Injury Law, the lawyer representing 36-year-old Nosakhare Ohenhen. "This is about the malicious disregard for a young man's rights by those who are supposed to be upholding the law, not enforcing their own system of justice."
In 2010, Nosakhare Ohenhen was convicted of 17 charges including possession of cocaine, possession of a restricted firearm and assaulting a police officer following his 2008 arrest in Parkdale. He was sentenced to nine years in prison, with credit for time served while awaiting trial. Ohenhen was released in 2013. The Ontario Court of Appeal ordered a new trial in 2015, and this past September, an Ontario Superior Court Justice acquitted Ohenhen of all charges.
Ohenhen's retrial was heard by Justice Michael G. Quigley. After reviewing the evidence, he found that the testimony of the officers handling the case was neither credible nor reliable, noting it was riddled with inconsistencies and memory lapses. In Justice Quigley's opinion, "The inability to trust the evidence of the officers aggravates the gravity of the violations and the very distinct possibility that the police planted drugs on Mr. Ohenhen ..." In acquitting Ohenhen of all charges, Justice Quigley concluded that there were no legitimate grounds for police to stop or arrest him and that Ohenhen's arbitrary detention, unreasonable search, and denial of counsel was a brazen and blatant violation of his constitutional rights.
"While Nosa can't get back those five years of his life, it's not too late to right a terrible wrong," added Smitiuch. "Toronto police need to be held to a much higher moral standard, so that what happened to this young man, doesn't happen to someone else."
Additional Media Coverage:
For further information contact: Michael Smitiuch, mike@sil.lawyer 416-621-1551
December 12, 2016
Paralyzed in crash, man wins damages from City of Hamilton over faded stop line at rural crossing
A 2006 crash on a clear, sunny day made Michael Chiocchio a quadriplegic.
There's a good chance Michael Chiocchio Sr. would not be a quadraplegic today if the City of Hamilton had spent an estimated $100 repainting a stop line at a rural crossroads, according to an Ontario court.
The city could have spent "a meager $100" to repaint a stop line at Brock Road and 5th Concession West, Justice Antonio Skarica ruled Friday. The faded line at least partially caused Richard Ellis's car to collide with a minivan carrying Michael Chiocchio Sr., making him quadriplegic at age 37. Now the city will pay "significant" damages and losses.
This image shows Brock Road and 5th Concession West as it was in 2005. In 2012, the city added a four-way stop, but it was only a two-way stop when a collision injured Michael Chiocchio. (Google Earth)
Michael Smitiuch, Chiocchio's lawyer told CBC news "I can say that given his injuries and ongoing needs, his losses and damages are significant."
Click here to read the complete Michael Chiocchio Sr. story online at CBC Hamilton.
For further details contact Michael Smitiuch at mike@sil.lawyer or Peter Cho at peter@sil.lawyer
October 14, 2016
Regulation changes deny accident victim adequate benefits, Bari family says
Click here to read the complete Adam Bari story online at The Hamilton Spectator.
Adam Bari lies in hospital after a motorcycle accident on June 1 that put him in a coma for 13 days.
Adam Bari is seen in hospital after a motorcycle accident on June 1 that put him in a coma for 13 days.
Click here to read the complete Adam Bari story online at The Hamilton Spectator.
For further details contact Michael Smitiuch at: mike@sil.lawyer or 416-621-1551
October 11, 2016
Michael Smitiuch discusses the impacts of recent auto insurance changes on CBC Toronto Metro Morning
Listen to Michael Smitiuch on CBC Toronto Metro Morning discuss how the recent changes to insurance limits in Ontario have directly impacted a family.
Listen to CBC Metro Morning Interview
Read the complete story online at CBC Hamilton.
Michael can be contacted directly at: mike@sil.lawyer or 416-621-1551
October 11, 2016
Michael Smitiuch discusses the impact of new insurance rules on catastrophic injury on CBC Radio Ontario Morning
Listen to Michael Smitiuch on CBC Radio Ontario Morning discuss the real life impact of new insurance rules on catastrophic injury with Ontario Morning host, Wei Chen.
Listen to CBC Radio Ontario Morning Interview
Read the complete story online at CBC Hamilton.
Michael can be contacted directly at: mike@sil.lawyer or 416-621-1551
October 3, 2016
The Fall 2016 issue of our newsletter, Disclosure, is now available.
Can I sue a waiter or waitress or a restaurant if I am served food I am allergic to, even though I forewarned them about my allergy? Do you have a favourite Fictional Lawyer? Smitiuch Injury Law continues to "Fight for Justice".
These are just a few of the interesting articles in this issue.
The newsletter is available online or email us and we will add you to our mailing list.
September 28, 2016
Peter Cho & Michael Smitiuch give talk about the Stilwell v. Corning case
This case has received much attention in the media and legal community as it is the first successful trial win against Corning involving Visions Cookware. Mr. Stilwell was seriously injured in 2000 and in 2013 a London jury awarded him $1.15 million. Corning appealed to the highest court in Ontario, the Ontario Court of Appeal, but their appeal was dismissed in 2014, so ending one of the longest single actions involving a personal injury in Ontario history.
For media coverage about the Stilwell case please click on one of the following links; Financial Post or London Free Press.
For further information, Peter can be reached directly at, peter@sil.lawyer 416-621-1551, ext. 204 or Mike can be reached directly at, mike@sil.lawyer 416-621-1551, ext. 201
September 26, 2016
New Associate Lawyer joins the firm - Mr. Matthew Nieuwland
Smitiuch Injury Law is very pleased to announce that Mr. Matthew Nieuwland has joined the firm as an Associate Lawyer.
His journey to become a lawyer was completed on September 23, 2016, when he was called to the Bar of Ontario at Roy Thomson Hall in Toronto.
Matt completed his Articles with the firm and earned his law degree (J.D.) from Queen’s University's Faculty of Law. Prior to law school, he completed an Honours Bachelor of Science degree in Biomedical Science with Distinction from the University of Guelph.
He is bilingual and enjoys spending time with family and friends, playing sports, and working on home renovations in his spare time.
Matt will be serving clients in Toronto, Brantford, Simcoe and surrounding communities. His addition to the firm further enhances Smitiuch Injury Law's commitment to providing excellent customer service.
Matt can be reached directly at, matt@sil.lawyer or 416-621-1551, ext. 209
September 22, 2016
Michael Smitiuch Co-Chairs & Speaks at The Law Society of Ontario Program
On September 19, 2016, Mike co-chaired and spoke at The Law Society of Ontario program, "Plaintiff’s Personal Injury Law Practice Basics 2016".
This program was aimed at those lawyers starting to practice in the area of personal injury law. Mike was part of a stellar line-up of speakers including, Peter Brauti (lawyer for Constable James Forcillo) and also former Attorney General of Ontario, Charles Harnick.
Mike’s co-chair was Bill Teggart. Peter Cho from Smitiuch Injury Law also participated in the program.
Mike can be reached directly at, mike@sil.lawyer or 416-621-1551
August 2, 2016
Articling Student Joins Smitiuch Injury Law
Miss. Caroline Stacey has joined Smitiuch Injury Law as a Student-at-law.
Caroline earned her law degree (J.D.) from the University of Windsor. Before studying law, Caroline completed an Honours Bachelor of Science degree in Biology from York University.
During law School, Caroline participated in many extracurricular activities abroad, such as completing courses regarding International Human Rights in Switzerland as well as representing the University of Windsor in a legal competition in The Hague. She also completed one semester of her law studies in France. While at Windsor, she was an executive of the International Law Society and mentored other students in oral advocacy.
Caroline enjoys learning languages and has studied Polish, French, Spanish, Russian and American Sign Language. In her spare time, Caroline spends time with family and friends, reads fantasy novels, and travels around the world.
Recently, Caroline successfully passed both the Barrister and Solicitor Licensing Examinations.
Caroline can be reached directly at, caroline@sil.lawyer or 416-621-1551
July 26, 2016
We are growing again!
We are looking to hire a full time Law Clerk in our Tort department. At a minimum you require the following qualifications:
- Good working knowledge of the Rules of Civil Procedure.
- 2+ years of proven experience working in Plaintiff personal injury law.
- Experience with Time Matters, PCLaw, Primafact and MS Office.
- Excellent attention to detail.
If you have what it takes, please email your CV to: careers@sil.lawyer
June 30, 2016
Read Mike Smitiuch's article this week in Lawyers Weekly on increased use of video evidence in civil cases
This article originally appeared in the June 24, 2016, issue of The Lawyers Weekly.
June 29, 2016
2016 Smitiuch Injury Law Scholarship Recipient - St. John's College, Brantford, ON
The recipient of the 2016 Smitiuch Injury Law St. John's College Legal Studies Scholarship is Jordon Nichols.
This year's winner was announced on Wednesday, June 29, 2016, during the Graduation ceremonies held at the Sanderson Centre for the Performing Arts in Brantford, ON. The $250 scholarship is awarded to a student of St. John's College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the St. John's College community beyond the minimum requirements.
The annual scholarship was established in 2006 by Smitiuch Injury Law's Principal, Michael Smitiuch, and Litigation Coordinator, Arthur Ryan. Both Mr. Smitiuch and Mr. Ryan are alumni of St. John's College.
For more information contact Michael directly at: mike@sil.lawyer or 416-621-1551 or Arthur at: arthur@sil.lawyer or 416-621-1551
June 29, 2016
2016 Smitiuch Injury Law Scholarship Recipient - Assumption College, Brantford, ON
The recipient of the 2016 Smitiuch Injury Law Assumption College Legal Studies Scholarship is Jackson Moran.
This year's winner was announced on Wednesday, June 29, 2016, during the Graduation ceremonies held at Assumption College in Brantford, ON. The $250 scholarship is awarded to a student of Assumption College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the Assumption College community beyond the minimum requirements.
For more information contact Michael directly at: mike@sil.lawyer or 416-621-1551
May 26, 2016
Michael Smitiuch discusses the changes to Ontario auto insurance that are happening on June 1, 2016, on CBC Radio Ontario Morning
Listen to Michael Smitiuch on CBC Radio Ontario Morning discuss the upcoming changes to auto insurance. Starting June 1, 2016, insurance payouts for a catastrophic car accidents will go down. It's part of the province's promise to cut auto insurance rates. Ontario Morning host, Wei Chen spoke with Michael.
Listen to CBC Radio Ontario Morning Interview
Michael can be contacted directly at: mike@sil.lawyer or 416-621-1551
May 24, 2016
Michael Smitiuch discusses auto insurance changes on CBC Toronto Metro Morning
Listen to Michael Smitiuch on CBC Toronto Metro Morning discuss the upcoming changes to auto insurance. Starting next week, insurance payouts for a catastrophic car accidents will go down. It's part of the province's promise to cut auto insurance rates. Guest host Helen Mann spoke with Michael.
Listen to CBC Metro Morning Interview
Michael can be contacted directly at: mike@sil.lawyer or 416-621-1551
April 18, 2016
Peter Cho Named Outstanding New Lawyer by OTLA
Smitiuch Injury Law’s very own Peter Cho has been named as the recipient of the Martin Wunder, Q.C. – Outstanding New Lawyer Award for 2016 by the Ontario Trial Lawyers Association (OTLA).
The Martin Wunder, Q.C. – Outstanding New Lawyer Award is awarded to an OTLA member in recognition of exceptional commitment to and promotion of the advancement of OTLA’s Mission: To fearlessly champion through the pursuit of the highest standards of advocacy the cause of those who have suffered injury or injustice.
The award will be presented to Peter on May 25, 2016, at the OTLA Awards Luncheon.
Peter can be contacted directly at: peter@sil.lawyer or 416-621-1551
March 1, 2016
New Office Opens in Downtown Simcoe
We are pleased to announce the opening of our newest office in the heart of downtown Simcoe. The new office is located at 16 Norfolk Street South.
Mike Smitiuch, the founder of the firm, has deep ties to Norfolk County having grown up in Waterford and worked in the area for many years, including the Town of Simcoe, the Canada Employment Centre and several local farms.
The new office will allow us to enhance our service for existing clients who live in the area and provide a convenient meeting place for potential new clients. The office will be staffed by local residents, Dr. Daniel Wilhelmus and Donna Wardell.
"The downtown is the heart of any community and it’s very much what we’re about as a personal injury law firm. We’re here to play an important advocacy role by speaking on behalf of those who need our help," says Mike Smitiuch.
A recent article in the Simcoe Reformer can be read online here: Simcoe Reformer - New law office for downtown Simcoe
For further information contact:
Michael Smitiuch, mike@sil.lawyer 519-426-9332
Dr. Dan Wilhelmus, dan@sil.lawyer 519-426-9332
February 10, 2016
Family Whose Son Died in Muzik Shooting Files Suit Against Nightclub
Lawsuit seeks $2.5M in damages and claims Muzik didn't have enough security in fatal August 2015 shooting.
"Family members are still struggling to understand how this could have happened," said Michael Smitiuch, of Smitiuch Injury Law. "They’re looking for answers, accountability and assurances that it is not business as usual." "The family is hoping that Duvel’s death is the last at Muzik nightclub," added Smitiuch. "It’s a tragedy that can’t be erased by a fresh coat of paint."
The complete article can be read online at the Toronto Star.
Further Media Coverage:
- Huffington Post
- CTV News Toronto
- CP24
- Toronto Sun
- CBC News Toronto
- Metro News
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551
February 5, 2016
Ontario Reports - February 5, 2016
The Toronto Lawyers Feed the Hungry Program thanks Smitiuch Injury Law for its generous sponsorship of the meal on November 18, 2015.
http://digital.ontarioreports.ca/ontarioreports/20160205?pg=21#pg21
For further information or to be a sponsor contact:
Amanada Ross, lsfmeal@lsuc.on.ca
January 30, 2016
The Dangers of Wired Glass
Even though wired glass is linked to ‘horrible injuries’, it can still be found in schools, arenas and other public buildings throughout Ontario. Used in windows and doors it is weaker than normal glass. School board insurers have paid out millions in claim costs.
Wired glass is problematic in schools because school-aged children and teens are so active. "It’s just a matter of time before children, being children, will impact the glass and be severely injured, like they have already been," says Michael Smitiuch, Smitiuch Injury Law Principal, who is representing several injured students.
And although wired glass is blamed for severe injuries, it is likely to remain in Canadian buildings for decades.
Warning! The following Global News story includes graphic images intended for adult audiences. Viewer discretion is advised.
Watch this compelling Global News 16x9 story and read the recent Toronto Star article for more details on just how dangerous wire glass is.
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551
January 4, 2016
Articling Student Joins Smitiuch Injury Law
Mr. Matthew Nieuwland has joined Smitiuch Injury Law as a Student-at-law.
Matt earned his law degree (J.D.) from Queen’s University's Faculty of Law. Before studying law, he completed an Honours Bachelor of Science degree in Biomedical Science with Distinction from the University of Guelph.
While in law school, Matt was an executive of the International Human Rights Club and a member of the Faculty of Law's rugby team. During his undergraduate studies, he was a proud member of the University of Guelph's men's soccer team and a three time Academic All-Canadian. He was also employed as a student-athlete mentor and was tasked with helping his fellow student-athletes balance the rigors of varsity athletics and full-time studies.
Having been educated in the Francophone school system, Matt is fully fluent in French. In his spare time, he enjoys spending time with family and friends, playing sports, and working on home renovations.
Recently, Matt successfully passed both his Barrister and Solicitor Licensing Examinations.
Matt can be reached directly at, matt@sil.lawyer or 416-621-1551, ext. 214.
December 21, 2015
49th Annual CP24 CHUM Christmas Wish 2015 Toy Donations
The employees of Smitiuch Injury Law are pleased to donate toys to the 49th Annual CP24 CHUM Christmas Wish 2015.
Close to 100 toys were donated.
Merry Christmas and Happy New Year to all!
December 10, 2015
Michael Smitiuch selected as a Legal Expert by Global Law Experts
We are proud to announce that Global Law Experts have selected Michael Smitiuch, Principal of Smitiuch Injury Law, as the legal expert in Catastrophic Injury Law in Canada and Smitiuch Injury Law as a global leading law firm.
Michael is a leading advocate in many areas involving public safety and catastrophic injury, including wired glass in schools, suicides in hospital psychiatric units and inadequate security at nightclubs.He was also selected by Global Law Experts for his successful trial verdict against Corning Inc. involving Visions cookware and a jury verdict against the Glen Eagle Golf Club for over $1.8 million.
Global Law Experts is the world's largest network of law firms boasting over 2000 high profile lawyers who are experts in over 50 specialist areas of law in over 140 countries.
Each lawyer selected goes through an intensive research process before being passed onto the Nominations Panel for final assessment and validation. Only then are lawyers invited to join Global Law Experts and thus be endorsed by Global Law Experts.
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551
November 20, 2015
Smitiuch Injury Law staff volunteers at The Toronto Lawyers Feed the Hungry Program.
Fifteen staff and friends of the firm volunteered at The Toronto Lawyers Feed the Hungry Program. The volunteers helped serve meals to over 400 Toronto residents. The Toronto Lawyers Feed the Hungry Program has provided hot, healthy community meals to Toronto residents in need since 1998. This important year-round program, providing more than 60,000 meals a year, is made possible thanks to generous donations to The Law Society Foundation and the work of committed volunteers.
November 18, 2015
Bola Damages Suit Against Toronto Police
Media Coverage Summary
- Toronto Star
- Toronto Sun
- National Post
- Metro News
- Canadian Press
- Inside Toronto
- CBC.ca
- CBC News at Six
- ChronicleHerald
- Etobicoke Guardian
- Sing Tao
- Edmonton Sun
- Ottawa Sun
- Calgary Sun
- Vancouver Sun
- Kelowna Daily
- Huffington Post
- Global News
- CTV
- CP24
- City News
- CHCH
- Hamilton Community News
- London Community News
- Ottawa Community News
- Northumberland News
- Niagara this week
- 680 News
- News Talk 770
- 570News.com
- CFRB1010
- AM730
- Durham Radio News
- Scoopnest
- PNAC
- News.morningstar.com
- Castanet
- CelebCafe.org
- News.lokalee.com
- LatestCanada.com
- Cnews.canoe.com
- bullfax.com
- 24News.ca
- ParrySound.com
- Omni TV
November 18, 2015
Video Shows Toronto Police Punching and Kicking Man in Mistaken Arrest
Family Files $5 Million Damages Suit Against Police
Toronto (November 18, 2015) – The family of a 21-year-old Toronto man has filed a lawsuit against Toronto police, alleging he was violently assaulted by several officers during a mistaken arrest at a west end parking lot that was videotaped by a bystander.
"This young man did nothing wrong. He posed no threat to anyone," said Michael Smitiuch, of Smitiuch Injury Law PC, one of the lawyers representing the Bola family. "We believe the video shows an appalling lack of judgment and excessive police force that cannot be justified under any circumstances."
On November 1st, 2015 at about 8:00 a.m., 21-year-old Santokh Bola was on his way to the family store, India Bazaar, to help his grandfather. He was getting out of his car at a parking lot at 2645 Islington Avenue, when two officers approached him at gunpoint. It’s alleged that officers, acting on information about an attempted burglary in the area, pinned Bola to the ground, delivering a series of kicks, knee strikes and punches to his face, head and body. He pleaded with officers to speak with his grandfather. Bola was treated at Etobicoke General Hospital for serious head injuries, emotional trauma and lacerations and abrasions to the face.
Smitiuch alleges in the Statement of Claim that the four arresting officers failed to follow procedure, that they violently assaulted Santokh Bola, applying excessive force without reasonable or probable grounds. It’s also alleged that officers failed to recognize that Bola has an intellectual disability and act accordingly. No charges were laid against Bola, who was eventually released from police custody.
"Video has become a powerful tool in holding police accountable," said Ken Byers, of Daley, Byers Criminal Lawyers, co-counsel for the Bola family. "Thanks to a bystander who recorded this disturbing incident, we’re able to see what happens when those in a position of trust cross the line."
The video is available at: https://tinyurl.com/SILYouTubeChannel
For further information contact:
Michael Smitiuch, mike@sil.lawyer 416-621-1551
Ken Byers, ken@daleybyers.com 416-864-0246
Danna O’Brien, danna@obriencommunications.ca 416-500-0699
October 27, 2015
The Fall 2015, issue of the Smitiuch Injury Law newsletter, disclosure, is now available.
What is Uber? Is it safe to use? Read our latest newsletter and get the pros and cons of using Uber.
Did you know it is illegal to name a pig "Napoleon" in France. It is. This is just one of the many strange laws throughout the world. Read our newsletter for six more strange laws.
Smitiuch Injury Law continues to "Fight for Justice". Read about three recent success stories and advocacy for postive change we have recently accomplished.
These are just a few of the interesting articles in this issue.
The newsletter is available online or to request a hardcopy please call 1-866-621-1551 or email us at info@sil.lawyer
September 16, 2015
We are pleased to announce the opening of an office in Hamilton!
To continue our goal of providing the very best in customer service, Smitiuch Injury Law has opened it's fourth office. The newest office is located in downtown Hamilton.
The office is located at: 1 Hunter Street East, Hamilton, Ontario, L8N 3W1
Telephone number: 905-777-7907
For further information or to schedule a free consultation, please contact: Mr. Michael Smitiuch, 416-621-1551
September 2, 2015
Should Ontario's legal regulator ban lawyer advertising?
That is the question asked in a Financial Times article published on September 2, 2015.
In the article, Michael Smitiuch, Smitiuch Injury Law's Managing Principal thinks, "an outright ban would be out of step with the times, especially in the personal injury bar, it’s something that’s always discussed. It’s certainly a hot button issue," Smitiuch says.
"I personally don’t advertise on buses or on TV. But that’s not to say I have any problems with it, provided it’s not deceptive or misleading."
"It’s easy to dismiss the debate as merely a question of taste. Among other things, Ontario’s law society requires that lawyer ads be "consistent with a high standard of professionalism". That’s obviously open to a lot of interpretation. "Beauty is in the eye of the beholder,"" Smitiuch says.
The complete article can be read at the Financial Post.
For further information contact: Mr. Michael Smitiuch, 416-621-1551
September 9, 2015
Smitiuch Injury Law Accident Benefits Manager awarded OTLA's 2015 Outstanding Law Clerk Award
We are proud to announce that Chris Jackson, Smitiuch Injury Law, Accident Benefits Manager, is the recipient of OTLA's Outstanding Law Clerk Award for 2015!
The Outstanding Law Clerk Award is awarded to the OTLA Law
Clerk who has demonstrated exceptional commitment and proficiency to the OTLA Law Clerk Section over the past year. The successful candidate has displayed generosity with their time and contributions in their assistance to their fellow Law Clerks, and has shown a dedication to those for whom we advocate.
The award will be presented at the OTLA Awards Luncheon on Wednesday, September 30, 2015, by OTLA President, Maia Bent.
Congratulations Chris!
The Ontario Trial Lawyers Association (OTLA) was formed in 1991 by lawyers acting for plaintiffs. Our purpose is to promote access to justice for all Ontarians, preserve and improve the civil justice system, and advocate for the rights of those who have suffered injury and losses as the result of wrongdoing by others, while at the same time advocating strongly for safety initiatives.
August 13, 2015
Family Whose Son Died in Muzik Club Shooting Mourns Loss and Looks For Answers
The family of 23-year-old Duvel Hibbert of Brampton who was killed in a double shooting at the Muzik nightclub, is trying to make sense of last Tuesday's deadly shooting.
"As a family, we're struggling to understand what happened at the club that night, and how our son could die so tragically," said Hibbert's mother Auline Lewis, a Brampton Developmental service worker. "No one deserves to die this way, under any circumstances."
At approximately 3:30 am on August 4th, police were called to the packed Muzik nightclub at Exhibition Place, where Duvel Hibbert was found dead on the club's outdoor patio. A young woman found nearby with gunshot wounds, died in hospital. Three others were hurt in the gunfire. The club has now been the scene of three shootings in the past three years.
"Muzik has a responsibility to ensure its patrons are safe," said Michael Smitiuch, of Smitiuch Injury Law PC. "The club's owner owes it to the public to do better, before anyone else is hurt or killed."
Duvel Hibbert, who lived with his mother in Brampton, was planning to make a new start and move to Windsor with his girlfriend, before the fatal shooting. Duvel was four when he arrived in Canada from England. Several family members from England are making arrangements to attend his funeral, which will be held on August 29th.
Smitiuch, who is advocating on behalf of Duvel Hibbert's family, is in contact with police and the provincial coroner's office, to find out more about the circumstances surrounding the young man's death."The family is hoping some good can come of this tragedy," added Smitiuch. "The onus should be on Muzik and the City's licensing services to make sure there's adequate security, especially when the club is crowded. Clearly people's lives depend on it."
For further information contact: Mr. Michael Smitiuch, 416-621-1551
August 13, 2015
Media Coverage - Family Whose Son Died in Muzik Club Shooting Mourns Loss and Looks For Answers
July 22, 2015
Victim Services of Brant - 9th Annual Golf Tournament
Smitiuch Injury Law is once again proud to be a sponsor of the Victim Services of Brant - 9th Annual Golf Tournament.
This year's tournament is on Wednesday, July 22, 2015, at the Paris Grand Country Club in the tranquil town of Paris, Ontario.
For more information please contact Victim Services of Brant at 519-752-3140 or via email at Victim Services of Brant
Victim Services of Brant is a non-profit, community based agency which assists police, fire and other emergency services in providing emotional and practical assistance to victims of crime, tragic circumstances and disaster.
June 29, 2015
Smitiuch Injury Law Legal Studies Scholarship
Smitiuch Injury Law is pleased to announce, that once again, it has awarded a Legal Studies Scholarship to a graduating student of St. John's College and Assumption College in Brantford, Ontario.
The $250 scholarship is awarded to a student of St. John's College and Assumption College who has successfully completed the legal studies course during the 2014-2015 academic year. Furthermore, the student must demonstrate academic and extra-curricular excellence and must be pursuing education at a post-secondary institution.
We are pleased to announce that this year's winners are Ms. Gabrielle Camirand of St. John's College and Ms. Nicole Chwastyk of Assumption College.
For further information contact: Mr. Michael Smitiuch, 416-621-1551
June 24, 2015
Caledon Golf Cart Fatality Prompts Warning From Family
Case Raises Concerns About Golf Cart Accidents
The wife of a 52-year Mississauga man who died after being thrown from a golf cart in April, is hoping that her husband’s death will serve as a stark reminder to other golfers about the hidden dangers on golf courses that may cause injury or death.
"What happened to Jim could happen to any golfer," said Elly Smith, whose husband Jim Smith died after his golf cart crashed at a Caledon golf course. "My hope is that no one takes their safety on the golf course for granted."
On April 27, 2015, Jim Smith, a father of two, was part of a foursome golfing at the Caledon Golf and Country Club. Smith was driving his cart down a steep, narrow cart path on the 14th hole, when his cart lost control. The cart crashed into a retaining wall, immediately next to the cart path, and both Smith and his passenger were ejected. Smith suffered serious head injuries and was airlifted to St. Michael’s hospital, where he died the following day.
"While Smith’s fatal crash has been described as an isolated incident, it is anything but," said Michael Smitiuch, of Smitiuch Injury Law. "The reality is that accidents on the golf course are far more common than people might think."
Each year, about 13,000 golf cart related injuries require emergency room treatment in the United States. Half of these injuries involve a fall from a moving cart, according to the Consumer Products Safety Commission. In 2000 there were 19 golf cart deaths in the U.S.. Similar statistics on golf course accidents are not readily available in Canada.
Smitiuch, who is advocating on the Smith family’s behalf, is in contact with police and the Peel Region coroner’s office, to find out more about the circumstances surrounding Jim Smith’s death. "The Smith family wants to better understand how this could have happened," Smitiuch added. "If this tragedy can help improve golf course safety through greater awareness, that’s the family’s goal."
For further information contact: Mr. Michael Smitiuch, 416-621-1551
June 24, 2015
Golf Cart Fatality Media Coverage
June 20, 2015
FORE the Kids Charity Golf Tournament
June 20, 2015 Granite Ridge Golf Club, Milton, Ontario
The FORE the Kids Charity Golf Tournament is in support of the Pediatric Oncology Clinic at Grand River Hospital in Kitchener, Ontario. Supporting children and their families that have been touched by cancer.
Smitiuch Injury Law is pleased to be a sponsor and participate of this event.
Many children of all ages within our region deal with childhood cancer on a daily basis. FORE the Kids Charity raises funds to support local families that have a child with cancer.
*** For more information please contact FOREtheKids@outlook.com or cstringer13@hotmail.com
June 16, 2015
Making the Links Charity Golf Tournament
June 16, 2015, Brantford Golf & Country Club, Brantford, Ontario
Smitiuch Injury Law is pleased to be a sponsor of the Making the Links Golf Classic in support of the Hamilton Health Sciences Foundation.
May 25, 2015
Psych Patient Hanged Himself While Nurses Attended Potluck, Family Alleges
Further Media Coverage
May 22, 2015
Brampton Family Alleges Son Died While Hospital Staff Held Potluck Lunch
Further Media Coverage
- Canada AM
- CTVNews.ca
- Toronto Star
- City News
- News Talk 1010
- 680News
- Global News
- Voiceonline.com
- Brampton Guardian
- Metro News
- NewsOntario.ca
- Newstral.com
- Newfisher.io
- Wn.com
- Paris Guardian
- News Locker
- Veooz.com
- Financial Review.Biz
May 22, 2015
Watch Canada AM Interview - Family alleges hospital staff ate potluck lunch as man died by suicide
"The family of a young Brampton man who died by suicide in the psychiatric unit at an Ontario hospital last year, is still demanding an inquest into the death, alleging that hospital staff were having a potluck party while the man died." CTVNews.ca Staff
May 22, 2015
Brampton Family Alleges Son Died While Hospital Staff Held Potluck Lunch
The Statement of Claim in the Tiwari family’s wrongful death and breach of privacy suit has been amended to allege that staff was negligent by attending a potluck lunch, rather than closely supervising Prashant Tiwari. These allegations have yet to be proven in court.
Michael Smitiuch appears on CTV Canada AM
Michael Smitiuch appears on CTV Canada AM
Michael Smitiuch and Rakesh Tiwari appear on CTV Canada AM
February 25, 2015
Further Media Coverage
Further Media Coverage of the Tiwari tragedy can be found at any of the following links:
- CTV Canada AM
- CTV News
- CBC The National
- Global News Hour
- Omni TV (Available in Punjabi)
- CP24
- City News Toronto
- Toronto Star
- Toronto Sun
- Waterloo Record
- 680 Radio
- CHUMFM.com
February 25, 2015
Widespread Media Coverage Family suing hospital for $12.5M in suicide of supervised patient
Michael Smitiuch appears on CTV Canada AM and discussed the tragic suicide of Prashant Tiwari while under hospital care in the in the psychiatric unit of Brampton Civic Hospital.
February 25, 2015
Brampton Family Files $12.5M Suit After Son Dies During Hospital Suicide Watch
Case Raises Concerns About Standard of Hospital Care
Toronto (Feb. 25th, 2015) – A family, whose son was able to commit suicide while he was supposed to be under close observation, has filed a $12.5 million wrongful death and breach of privacy suit against William Osler Health System and members of its staff.
On June 26th last year, 20-year-old Prashant Tiwari of Brampton took his own life, while he was supposed to be under close staff supervision in the psychiatric unit of Brampton Civic, one of William Osler’s two hospitals. Although he was to be checked by staff every 15 minutes, Prashant was left unattended for over two and a half hours. His body was found later in the hospital washroom.
"Hospitals are considered safe havens for those at risk," said Michael Smitiuch, of Smitiuch Injury Law PC, the lawyer representing the Tiwari family. "This family is raising questions and awareness about obvious short comings in the care of high risk patients."
For further information contact: Mr. Michael Smitiuch, 416-621-1551 or Danna O’Brien, 416-500-0699
February 2, 2015
Articling Student Joins Smitiuch Injury Law
Ms. Afsoun Amirsolaimani has joined Smitiuch Injury Law as a Student-at-law.
Afsoun earned her law degree (J.D.) from the University of Ottawa’s Faculty of Law with a Specialization in Law and Technology. Before studying law, she completed an Honours Bachelor of Arts degree in Political Science from York University.
While in law school, Afsoun was actively involved in giving back to her community by becoming the President of the Iranian Law Student Society as well as being a Pro Bono volunteer for the Canadian Legal Development Network. She has completed two internships with the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) where she was involved in doing legal research on cutting edge copyright and privacy issues. She has also travelled to San Juan, Puerto Rico to complete an intensive course in Art, Technology and Law at the University of Puerto Rico.
Afsoun has equally gained some insightful litigation experience during her legal education by participating in mock trials.
Recently, Afsoun successfully passed both her Barrister and Solicitor Licensing Examinations and acquired a Second Language Certificate for French from the University of Ottawa. She is bilingual and can speak conversational Farsi. In her spare time, she enjoys painting, photography, and travelling.
While articling at Smitiuch Injury Law, Afsoun will be working under the direct supervision of the firm's Principal, Mr. Michael Smitiuch.
Afsoun can be reached directly at Afsoun Amirsolaimani, or 416-621-1551, ext. 214.
Kids Can Fly - 8th Annual Storybook Breakfast - February 7, 2015
The Church of the New Covenant, Brantford, Ontario
Children of all ages enjoy a magical experience eating breakfast with their favorite storybook characters.
Proceeds from this event go to Kids Can Fly and are used to support early child development and parenting.
Smitiuch Injury Law is pleased to be a participant and donor of this event.
Kids Can Fly is an independent charitable initiative, unique to Brant County, which exists to support early child development and parenting and to help all children maximize their potential.
"The first six years of life set the stage for lifelong learning, behaviour, health and well-being." Dr. J. Fraser Mustard.
***
For more information contact: Sharon Brooks, Executive Director, Kids Can Fly / sharon.brooks@sympatico.ca / 519-448-1713 or www.kidscanfly.ca
Contact Michael Smitiuch for further information.
December 19, 2014
48th Annual CP24 CHUM Christmas Wish 2014 Toy Donations
The employees of Smitiuch Injury Law are pleased to donate toys to the 48th Annual CP24 CHUM Christmas Wish 2014.
Close to 100 toys were donated to the 48th Annual CP24 CHUM Christmas Wish 2014.
Merry Christmas to all!
November 18, 2014
Distracted walking awareness key to pedestrian safety
The old adage "Look both ways before you cross the street" may not be enough in today’s digital world, where most pedestrians are armed with distracting devices, says Toronto personal injury lawyer Peter Cho.
"While distracted driving often ends up in the spotlight, distracted walking is also a serious concern that calls for education and awareness," says Cho.
This time of year tends to see a spike in accidents involving pedestrians, as darkness sets in earlier in the evening, the Toronto Star reports.
Recently, five pedestrians were hit by cars in separate incidents over a two-hour window, says the report. A woman was recently killed by a minivan, and another fatality occurred the next day on Don Mills Road, the article continues.
"But the focus in these tragedies should not lie solely with drivers," Cho tells AdvocateDaily.com.
Read the complete article at: Advocatedaily.com
Contact Peter Cho for further information.
November 12, 2014
Couple's 'long road' ends in $1.15-million legal win
"It’s over!"
Not a long sentence, but for Lanny Stilwell and his wife Mickey Neale, it was those words from their lawyer Michael Smitiuch, that ended their long 14 year ordeal.
On September 11, 2000, Lanny almost bled to death while washing the dishes. He was rinsing a Visions glass Dutch Oven when it broke into four sharp pieces, severing his arteries, tendons and nerves and causing him to permanently lose the use of his right hand.
On November 4, 2014, the Ontario Court of Appeal upheld a $1.15-million award that a London jury had determined against World Kitchen Inc. and Corning Incorporated on June 12, 2013, effectively ending 12 years of litigation.
"It's been a long road to justice for the Stilwell family," said Michael Smitiuch. "Not everyone has the strength and perseverance that it takes to go up against a corporation of that size for that long. We're delighted with the decision."
"The long road to justice, you finally made it," he told Stilwell and Neale. "You persevered and you should be so proud of yourselves."
For further information contact: Michael Smitiuch at Michael Smitiuch, 416-621-1551 or read further coverage at the Financial Post or London Free Press.
November 6, 2014
The Ontario Court of Appeal has upheld a jury verdict
Successful Damages Suit Demonstrates Need For Consumer Product Warning Labels
The Ontario Court of Appeal has upheld a jury verdict in favour of a London, Ontario-area man in the first successful North American lawsuit against the makers of Visions glass cookware, Corning Incorporated and World Kitchen Inc. The case is one of the longest individual lawsuits in Ontario history.
"It's been a long road to justice for the Stilwell family," said Michael Smitiuch, of Smitiuch Injury Law PC, the lawyer representing 58 year-old Lanny Stilwell, who began his legal challenge 14 years ago. "Not everyone has the strength and perseverance that it takes to go up against a corporation of that size for that long. We're delighted with the decision."
In rejecting the cookware makers appeal, the three-judge panel ruled that if there had been adequate product warnings, Stilwell's wife would likely not have purchased the Visions glass cookware. On Sept. 11th, 2000, Lanny Stilwell, a married father of two from Beachville (outside London) was rinsing a Visions glass Dutch Oven, when it suddenly broke into four sharp pieces. Stilwell lost the use of his right hand, after his nerves, tendon and artery were severed, causing permanent damage. A London jury awarded Stilwell $1.15 million in damages on June 12th, 2013, after finding that the makers of Visions glass cookware, World Kitchen Inc., and Corning Incorporated, were negligent by not including labels warning consumers to stop using their glass cookware products, if banged or dropped.
"This decision confirms that when it comes to public safety, consumers have every right to know that the glass cookware they use in their kitchens every day, may not be as safe as they think," Smitiuch added. "We hope this case helps prevent another tragedy."
Since 1983, there have been more than two thousand reported incidents in Canada and the U.S., in which consumers were injured when their Visions glass cookware broke, in some cases, for no apparent reason.
For further information contact: Michael Smitiuch at Michael Smitiuch, 416-621-1551 or Danna O'Brien at Danna O'Brien, 416-500-0699.
October 2, 2014
Medical Consultant joins Firm
Smitiuch Injury Law is pleased to announce that Dr. Daniel Wilhelmus D.C. has joined the firm as a Medical Consultant.
Dr. Wilhelmus has been a practicing Chiropractor since 1995 and managed a large team of health care professionals in his home town of Simcoe, Ontario.
Due to a motor vehicle accident he was unable to continue in this role and turned to Smitiuch Injury Law, who represented him with respect to both his lawsuit against the at-fault driver, as well as his accident benefits claim against his own insurance company.
As Dan became involved with the firm he gained a keen interest in helping others who have gone through a similar loss due to personal injury. He is now the firm`s Medical Consultant while also maintaining a small Chiropractic practice in Simcoe.
As the firm’s Medical Consultant, he will be responsible for providing an analysis of medical documents and for enhancing the firm’s legal services in the Simcoe area.
Dr. Wilhelmus can be reached directly at Dan Wilhelmus, or 416-621-1551.
September 2, 2014
Steep distracted driving fines not likely to fix larger issue
Efforts to discourage distracted driving are well placed, but increasing fines and demerit points may not be the answer in creating the widespread awareness that’s needed to curb the dangerous practice, says Toronto personal injury lawyer Peter Cho.
Under new provincial legislation coming this fall, drivers who text while behind the wheel will face fines of up to $1,000 and see three demerit points added to their driver’s licence, the Toronto Star reports.
"It’s a very steep fine, and much higher than in other provinces in Canada," says Cho, associate with Smitiuch Injury Law. "If the goal is for public awareness, which is obviously the greatest concern here, there could be other things incorporated as well, like a graduated scale with a first offence, second offence, third offence and so on."
Read the complete article at: Advocatedaily.com
Contact Peter Cho for further information.
August 31, 2014
Industry experts question the safety of wired glass used in schools
In a recent Globe and Mail article, engineers and glass industry experts warn that, "school boards are not responding quickly enough to replace a common but dangerous type of glass," and they go on to say, "that wired glass can lead to serious injuries."
Michael Smitiuch, Principal lawyer at Smitiuch Injury Law agrees, "It’s just not the case when someone says that there aren’t any other options. There are," Mr. Smitiuch said. "Either school boards just don’t want to spend the money or for some other reason … they’re jeopardizing student safety."
Read the complete article in The Globe and Mail.
Contact Michael Smitiuch for further information.
August 8, 2014
Victim Services of Brant - 8th Annual Golf Tournament
Smitiuch Injury Law is once again proud to be a sponsor and participant of the upcoming Victim Services of Brant - 8th Annual Golf Tournament.
This year’s tournament is on Wednesday, August 13, 2014, at the Paris Grand Country Club in the tranquil town of Paris, Ontario.
For more information please contact Victim Services of Brant at 519-752-3140 or via email at Victim Services of Brant
Victim Services of Brant is a non-profit, community based agency which assists police, fire and other emergency services in providing emotional and practical assistance to victims of crime, tragic circumstances and disaster.
July 14, 2014
Our Toronto office has moved!
Effective July 14, 2014, our Toronto office is now located at 3300 Bloor Street West, Centre Tower, Suite 2800, Toronto, Ontario, M8X 2X2
Same great service and personal touch, even our phone numbers remain the same, just a different address to serve our clients better. 
The new office is located on the corner of Bloor Street West and Islington Avenue. The TTC Islington Subway stop is conveniently located in the building.
For more information contact Michael Smitiuch, 416-621-1551.
July 2, 2014
2014 Smitiuch Injury Law Scholarship Recipient - Assumption College - Ms. Georgia Athanasiou
Smitiuch Injury Law is very pleased to announce that Ms. Georgia Athanasiou was awarded the 2014 Smitiuch Injury Law Scholarship.
This year's winner was announced on Thursday, June 26, 2014, during the graduation ceremonies held at Assumption College in Brantford, Ontario.
The $250 scholarship is awarded to a student of Assumption College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the Assumption College community beyond the minimum requirements.
The annual scholarship was established in 2006 by Smitiuch Injury Law's Principal, Michael Smitiuch, and Litigation Coordinator, Arthur Ryan.
Congratulations Georgia and best wishes with your future studies.
For more information contact Michael Smitiuch, 416-621-1551.
July 2, 2014
2014 Smitiuch Injury Law Scholarship Recipient - St. John's College - Ms. Blerina Ago
Smitiuch Injury Law is very pleased to announce that Ms. Blerina Ago was awarded the 2014 Smitiuch Injury Law Scholarship.
This year's winner was announced on Thursday, June 26, 2014, during the graduation ceremonies held at the Sanderson Centre for the Performing Arts in Brantford, Ontario.
The $250 scholarship is awarded to a student of St. John's College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the St. John's College community beyond the minimum requirements.
The annual scholarship was established in 2006 by Smitiuch Injury Law's Principal, Michael Smitiuch, and Litigation Coordinator, Arthur Ryan. Both Mr. Smitiuch and Mr. Ryan are alumni of St. John's College.
Congratulations Blerina and best wishes with your future studies.
For more information contact Michael Smitiuch, 416-621-1551.
June 23, 2014
New Associate Lawyer joins the firm - Ms. Megan Self
Smitiuch Injury Law is very pleased to announce that Ms. Megan Self has joined the firm as an Associate Lawyer.
Megan articled with the firm for the past 10 months and she spent the summer of 2012 with the firm as a summer law student. Her journey to become a lawyer will be completed in June 2014, when she is called to the bar.
Megan attended law school at the University of Windsor, where she successfully obtained her Juris Doctor law degree (J.D.). While in law school, she gained invaluable experience through her work at the local Community Legal Aid Clinic and her study of law abroad for a summer at Monash University in Prato, Italy.
Prior to attending law school, Megan attended the University of Western Ontario, where she received an Honours Bachelor of Arts, Major in Sociology and Minor in Psychology.
In her spare time, she has volunteered with the Lawyers Feed the Hungry program in both Toronto and Windsor, and the Essex County Diversion Program, a youth diversion program.
Megan will be serving clients in the Toronto, Brantford and surrounding communities. Her addition to the firm enhances Smitiuch Injury Law's commitment to providing excellent customer service.
She can contacted directly at; mself@smitiuchinjurylaw.com, 416-621-1551, ext. 209.
June 23, 2014
Smitiuch Injury Law Legal Studies Scholarship
Smitiuch Injury Law is pleased to announce, that once again, they will be awarding a Legal Studies Scholarship to a graduating student at St. John's College and Assumption College in Brantford, Ontario.
The $250 scholarship will be awarded to a student of St. John's College and Assumption College who has successfully completed the legal studies course during the 2013-2014 academic year. Furthermore, the student must demonstrate academic and extra-curricular excellence and must be pursuing education at a post-secondary institution.
Application forms are available in the Guidance Department of each high school. The winners will be announced at the Graduation ceremonies in June 2014.
****
Contact: Michael Smitiuch; msmitiuch@smitiuchinjurylaw.com, 416-621-1551
June 17, 2014
Kitchener Rangers Clarky’s Kids - FORE the Kids Charity Golf Tournament
Kitchener Rangers Clarky’s Kids - FORE the Kids Charity Golf Tournament
June 21, 2014 Granite Ridge Golf Club, Milton, Ontario
Come out and join FORE the kids and Clarky’s kids at their annual charity golf tournament. Spots are available to play as an individual or as a foursome.
The FORE the Kids Charity Golf Tournament is in support of the Kitchener Rangers Clarky’s Kids. A charity that supports children and their families that have been touched by cancer.
Smitiuch Injury Law is pleased to be a sponsor and participate of this event.
Many children of all ages within our region deal with childhood cancer on a daily basis. Clarky’s kids raises funds to support local families that have a child with cancer.
*** For more information please contact FOREtheKids@outlook.com or cstringer13@hotmail.com
June 3, 2014
Balance needed between interests of drivers, insurers
While the future of a bill meant to address pressing concerns in the auto insurance system is unknown, the issues persist, and drivers are still in need of cost-saving solutions, says Toronto personal injury lawyer Peter Cho.
The Liberal government’s Bill 171, the Fighting Fraud and Reducing Automobile Insurance Rates Act, passed second reading in April, and proposed making several changes to the auto insurance dispute resolution system. The bill is now effectively dead as the legislature has dissolved for the June 12 election.
Cho, associate with Smitiuch Injury Law, said he’s glad to see Bill 171 go by the wayside, but as long as auto insurance rates remain an issue in Ontario, another version of the bill is likely to be presented in the near future.
Read the complete article at: Advocatedaily.com
Contact Peter Cho for further information.
May 30, 2014
Carol Fagan – 2014 OTLA Safety Leadership Award Recipient
Smitiuch Injury Law is privileged to announce that Carol Fagan of Brantford, Ontario, is the recipient of the 2014 OTLA Safety Leadership Award. She was presented with the award on May 29, 2014, at the OTLA Spring Conference.
The Ontario Trial Lawyers Association (OTLA) established the Safety Leadership Awards to recognize and honour individuals and/or organizations who have made "remarkable and extensive contributions towards enhancing safety awareness in their communities in Ontario and helped to prevent injury to those around them."
Carol earned the award for her tireless efforts and outspoken advocacy against impaired driving.
On September 26, 2009, Carol’s 17-year-old son, Ciaran Milmine, was tragically struck and killed by a drunk driver. Another young man was also killed and two teenage girls were severely injured in the same incident.
Since the incident Carol has become an outspoken advocate against impaired driving. She has organized several fundraisers, including but not limited to, a walk and rally in Brantford, established FAID (Fight Against Impaired Driving) and is a member of the Brantford-Brant Impaired Driving Committee. Carol has also previously received the Six Nations of the Grand River Territory - Safe Street Saves Lives Award - Private Citizen and the Province of Ontario – Certificate of Award.
Congratulation Carol!
For more information on the OTLA Safety Leadership Awards visit: www.otla.com
April 29, 2014
Widespread Media Coverage of the Dangers of Wired Glass
Select any of the TV or newspaper links below to either view or read further details on the wired glass lawsuit launched against the Halton Catholic District School Board.
April 16, 2014
Ontario to regulate tow trucks, require posted rates.
TORONTO - Provincial regulation of Ontario's tow truck and vehicle storage industry will better protect consumers from being ripped off by unscrupulous operators and help reduce insurance fraud, Consumer Services Minister Tracy Charles said Tuesday.
In an interview with AdvocateDaily.com, Toronto personal injury lawyer Michael Smitiuch applauded the proposed legislation.
"This is very good news for anyone who has ever needed a tow and encountered an unscrupulous tow truck operator. There are too many stories involving aggressive tow truck operators, inflated prices and unsavoury towing practices. I am sure that all motorists welcome transparent pricing," said Smitiuch, founding partner of Smitiuch Injury Law PC.
"There are many reputable tow truck operators, but this is an industry with many issues that need to be addressed. We have all witnessed tow truck operators racing to the scene of an accident, trying to be first at the scene, or towing a vehicle to a destination of their choice, not necessarily the most appropriate location. Inflated prices, pressure tactics and aggressive driving by operators are all areas that can be improved."
Read all the details at AdvocateDaily.com
March 31, 2014
Focus: Bar surprised at province’s moves on Cunningham report
While the final report on the auto insurance dispute resolution system authored by former justice Douglas Cunningham arrived in February with barely a ripple, the legislation tabled to implement it has caught the insurance bar and industry by surprise.
While many observers found the report fair and balanced and most of the recommendations palatable, critics describe the tabling of bill 171, which identifies the Licence Appeal Tribunal as the new location for the dispute resolution section of the Financial Services Commission of Ontario, as "out of left field" and "mind-boggling."
Mike Smitiuch of Smitiuch Injury Law PC also has concerns. "In my view, I don’t think people are worked up about where it is located," he says. "Moving where the disputes are heard is just bureaucratic shuffling. It will be more of the same — a Band-Aid on a gaping wound — unless they address the systemic problems."
For Smitiuch, the speed at which the government introduced bill 171 came as a surprise. "One thing I found puzzling is that the government moved so quickly to pass legislation without taking into account the other pieces of information that are expected shortly. The auto insurance three-year review and a transparency and accountability report are both due out later this month."
Read the complete article in the March 31, 2014, issue of the Law Times.
March 18, 2014
The Winter 2014, issue of the Smitiuch Injury Law newsletter, disclosure, is now available.
Get the facts and the truth about some common Traffic Law Myths. Did you know that a traffic ticket cannot simply be dropped even if there was a mistake made on the ticket? 
Do you have a favourite lawyer joke? Is it in our list of PG rated jokes?
Although the annual number of impaired driving charges is down, it only takes one impaired driver to cause a traffic incident and destroy a family for life. Read about FAID and Smitiuch Injury Law's support of the Freeze the Keys campaign.
These are just a few of the interesting articles in this issue.
The newsletter is available online or to request a hardcopy please call 1-866-621-1551 or email us at info@smitiuchinjurylaw.com
February 24, 2014
Articling Student Joins Smitiuch Injury Law
Mr. Jacob Murad has joined Smitiuch Injury Law as a Student-at-law.
His ten month Articling term will conclude in December 2014, at which time his journey to become to a lawyer will conclude with his call to the bar in January 2015.
While articling at Smitiuch Injury Law, Jacob will be working under the direct supervision of the firm's Principal, Mr. Michael Smitiuch.
Jacob earned his Juris Doctor degree from the Thomas M. Cooley Law School, Lansing, Michigan, in 2013, where he graduated magna cum laude. He also received an Honours Bachelor of Arts degree in History, from the University of Toronto. Currently, he is pursuing his LLM part-time at the University of Toronto Faculty of Law.
While in law school, Jacob gained invaluable experience through his work as a Senior Editor of the Thomas M. Cooley Law Review and competing in national litigation competitions around the United States, such as the Case Western National Mock Trial Competition in Ohio and the Stetson National Pre-trial Competition in Florida.
In his spare time, Jacob volunteered with the Ypsilanti High School Student Court program in Ypsilanti, Michigan, and was a Mock Trial Coach for Saline Middle School in Saline, Michigan.
Prior to his Articling tenure at Smitiuch Injury Law, Jacob spent eight months with Steinberg, Morton, Hope & Israel as a student intern.
Jacob can be reached directly at, jmurad@smitiuchinjurylaw.com, or 416-621-1551, ext. 214.
January 30, 2014
FreezeTheKeys
We are proud to promote The Beer Store's #FreezeTheKeys contest. Enter to win a home entertainment system. http://www.thebeerstore.ca/contests
#FreezeTheKeys is a campaign initiated by The Beer Store to encourage sober driving and responsible party hosting. The effort comes in advance of Super Bowl Sunday and an anticipated spike in beer sales across the province.
The Beer Store, the OPP, Toronto Police and arrive alive DRIVE SOBER® are encouraging football fans to share tips on responsible party hosting.
January 23, 2014
More Changes to SABS on February 1, 2014
The Government of Ontario has announced upcoming changes to the Statutory Accident Benefits Schedule (SABS), effective February 1, 2014.
These changes include:
A requirement that, in order for an insured with a minor injury to be considered outside of the Minor Injury Guidelines, documentation will need to be provided of, "...a pre-existing medical condition that was documented by a health practitioner before the accident...
Read more at AdvocateDaily.com
Kids Can Fly - 7th Annual Storybook Breakfast - February 8, 2014
Rossini Lodge, Brantford, Ontario
Children of all ages enjoy a magical experience eating breakfast with their favorite storybook characters.
Proceeds from this event go to Kids Can Fly and are used to support early child development and parenting.
Smitiuch Injury Law is pleased to be a participant and donor of this event.
Kids Can Fly is an independent charitable initiative, unique to Brant County, which exists to support early child development and parenting and to help all children maximize their potential.
"The first six years of life set the stage for lifelong learning, behaviour, health and well-being." Dr. J. Fraser Mustard.
***
For more information contact: Sharon Brooks, Executive Director, Kids Can Fly / sharon.brooks@sympatico.ca / 519-448-1713 or www.kidscanfly.ca
Contact Michael Smitiuch for further information.
October 18, 2013
Smitiuch Injury Law is pleased to be a sponsor and guest at the Hamilton Brain Injury Association's Annual Fundraising event.
The 7th Annual Fundraising Dinner is taking place on Wednesday, November 27, 2013, at the Royal Botanical Gardens in Burlington, Ontario.
All the best and congratulations to the Event Planning Team on organizing a successful evening.
October 14, 2013
Law Times - Focus: Insurer rebuffed on attendant-care benefits
The Ontario Court of Appeal has shot down an insurer's attempt to tie attendant-care benefits to the lost wages of family members acting as caregivers in a move one personal injury lawyer says would have set accident benefits claims back two decades.
"Although it doesn't specifically address the issue of economic loss, I believe Henry v. Gore supports the proposition that any time missed from work will constitute an economic loss. That would be consistent with previous case law which says insurance coverage provisions are to be interpreted broadly, not restrictively," says Michael Smitiuch.
Read the complete article in the October 14, 2013, issue of the Law Times.
October 7, 2013
Plaintiff lawyers cautious about Ontario auto insurance rate cut
Michael Smitiuch speaks out about the Ontario government's plan to force a 15% cut in auto insurance premiums by 2015. For Ontario consumers since 2010, benefits have been severely restricted, but the majority of claimants are still paying the same premiums. "It's like they're still paying for a full tank of gas except now they only get it filled up halfway," Smitiuch says.
September 28, 2013
Health Canada Urged to Review Cookware
Read the complete article in the September 26, 2013, issue of BLACKLOCK'S Reporter, Minding Ottawa's Business.
September 26, 2013
Michael Smitiuch discusses medical assessments on AdvocateTV. Go to the Smitiuch Injury Law YouTube channel to view the complete interview.
Smitiuch Injury Law YouTube Channel
September 24, 2013
Macleans magazine references the Stilwell v. Corning and World Kitchens Inc. case in recent article on forensic engineering.
Click here to read the complete article. Macleans Magazine
September 4, 2013
The Fall 2013 issue of the Smitiuch Injury Law newsletter, disclosure, is now available.
Read more about the recent $1,157,000.00 landmark verdict against the manufacturers of Visions cookware.
Which legal novel is your favourite? The Merchant of Venice or maybe a Grisham novel?
Bullying can happen anywhere; in the workplace, in your neighborhood, at the local arena and in the classroom. Read what schools are trying to do to prevent it and whether they are liable when they can't.
These are just a few of the interesting articles in this issue.
The newsletter is available online or to request a hardcopy please call 1-866-621-1551 or email us at info@smitiuchinjurylaw.com
August 20, 2013
Articling Student Joins Smitiuch Injury Law
Ms. Megan Self has returned to Smitiuch Injury Law as a Student-at-law to complete her ten month articling term. Megan spent the summer of 2012 with the firm as a summer law student. Her journey to become a lawyer will be completed in June 2014, when she is called to the bar.
While articling at Smitiuch Injury Law, Megan will be working under the direct supervision of the firm's Principal, Mr. Michael Smitiuch.
Megan attended law school at the University of Windsor, where she successfully obtained her Juris Doctor. While in law school, Megan gained invaluable experience through her work at the local Community Legal Aid Clinic and her study of law abroad for a summer at Monash University in Prato, Italy.
Prior to attending law school, Megan attended the University of Western Ontario, where she received an Honours Bachelor of Arts, Major in Sociology and Minor in Psychology.
In her spare time, Megan has volunteered with the Lawyers Feed the Hungry program in both Toronto and Windsor, and the Essex County Diversion Program, a youth diversion program.
Contact: Megan Self; mself@smitiuchinjurylaw.com, 416-621-1551, ext. 209.
August 15, 2013
Breaking News - Product Liability Case - Jury Decision - June 12, 2013
Smitiuch Injury Law successfully represented their clients Mr. & Mrs. Lanny Stilwell v. Corning Incorporated, World Kitchen, Inc. et al. A jury rendered a decision in favour of the Stilwells on June 12, 2013. The Visions glass cookwares lawsuit is getting wide media coverage in North America from media outlets in Hawaii to Boston, including the Wall Street Journal & CNBC.
Further information and coverage can be found at Advocate Daily
The following are pictures from the news conference that was held in Toronto, Ontario on August 15, 2013.
Lanny and Moira Stilwell being interviewed by Sean O'Shea of Global TV
Micheal Smitiuch and Lanny & Moira Stilwell answer questions from the media.
The news conference in action.
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For more information contact: Michael Smitiuch / msmitiuch@smitiuchinjurylaw.com / 416-621-1551
June 28, 2013
2013 Smitiuch Injury Law Scholarship Recipient - Assumption College
Summary:
The recipient of the 2013 Smitiuch Injury Law Assumption College Legal Studies Scholarship is Ms. Arnisa Morina.
Full Story:
This year's winner was announced on Thursday, June 27, 2013, during the Graduation ceremonies held at Assumption College in Brantford, ON. The $250 scholarship is awarded to a student of Assumption College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the Assumption College community beyond the minimum requirements.
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For more information contact: Michael Smitiuch / msmitiuch@smitiuchinjurylaw.com / 416-621-1551
June 28, 2013
2013 Smitiuch Injury Law Scholarship Recipient - St. John's College
Summary:
The recipient of the 2013 Smitiuch Injury Law St. John's College Legal Studies Scholarship is Ms. Daphnne Chacon.
Full Story:
This year's winner was announced on Thursday, June 27, 2013, during the Graduation ceremonies held at the Sanderson Centre for the Performing Arts in Brantford, ON. The $250 scholarship is awarded to a student of St. John's College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the St. John's College community beyond the minimum requirements.
The annual scholarship was established in 2006 by Smitiuch Injury Law's Principal, Michael Smitiuch, and Litigation Coordinator, Arthur Ryan. Both Mr. Smitiuch and Mr. Ryan are alumni of St. John's College.
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For more information contact: Michael Smitiuch / msmitiuch@smitiuchinjurylaw.com / 416-621-1551
June 4, 2013
Ontario Trial Lawyers Association Law Clerks Section new Chair - Chris Jackson
Chris Jackson was elected Chair of the Law Clerks Section of the Ontario Trial Lawyers Association (OTLA) on May 31, 2013, at the association's Annual General Meeting in Toronto. His term is for the 2013 - 2014 year.
Chris is the Accident Benefits Manager at Smitiuch Injury Law.
He can be reached directly at 416-621-1551 or cjackson@smitiuchinjurylaw.com
May 6, 2013
Smitiuch Injury Law is pleased to announce, that once again, they will be awarding a Legal Studies Scholarship to a graduating student at St. John's College and Assumption College in Brantford, Ontario.
The $250 scholarship will be awarded to a student of St. John's College and Assumption College who has successfully completed the legal studies course during the 2012-2013 academic year. Furthermore, the student must demonstrate academic and extra-curricular excellence and must be pursuing education at a post-secondary institution.
Application forms are available in the Guidance Department of each high school. The winners will be announced at the Graduation ceremonies in June 2013.
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Contact: Michael Smitiuch; msmitiuch@smitiuchinjurylaw.com, 416-621-1551
April 29, 2013
23rd Annual Canada Life CN Tower Climb for WWF
Do you think you could walk up the largest free-standing structure in the Western Hemisphere?
On April 27, 2013, over 5000 people, including Michael Smitiuch, Principal at Smitiuch Injury Law did just that. Each of them climbed the 1,776 steps or 144 stories of the CN Tower in Toronto, all in support of the 23rd Annual Canada Life CN Tower Climb for World Wildlife Foundation.
Together they raised over $1.2 million dollars for the WWF.
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Further information can be found at www.wwf.ca
April 8, 2013
Hamilton Health Sciences - 20th Annual Acquired Brain Injury Conference
May 9 - 10, 2013, Hamilton Convention Centre, Hamilton, Ontario
Smitiuch Injury Law is pleased to be a Gold sponsor of this prestigious annual conference. The theme of this year's conference is "Innovative Strategies for Issues Complicating Brain Injury". Close to three hundred Rehabilitation Professionals, Psychologists, Physicians, Program Planners, Insurance and Legal Representatives will be in attendance.
The goal of this year's conference is to:
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Further information can be found at www.hhsc.ca
Summary:
The Spring 2013 issue of the Smitiuch Injury Law newsletter, disclosure, is now available.
March 25, 2013
Full Story:
I think you will be surprised at some of the names on the list of famous people with law degrees.
Have you purchased any of the consumer products that have been involved in a lawsuit or major recall?
Did you know the maximum a person can receive for pain and suffering in Canada is $345,584? Read the article on Damages for Pain & Suffering to get all the details.
These are just a few of the interesting articles in this issue.
The newsletter is available online or to request a hardcopy please call 1-866-621-1551 or email us at info@smitiuchinjurylaw.com Summary:
Short Term and Long Term Disability Benefits Information Guide Available to Order
Full Story:
If you or a loved one has become disabled and cannot work you may be entitled to receive short term and long term disability benefits (STD/LTD). You do not have to be injured in a car accident to qualify, you only need a medical condition that prevents you from working. .
Our Short Term and Long Term Disability Benefits Information Guide is a valuable resource for those individuals who may be applying for benefits or have applied and have been denied benefits. The Guide outlines your rights and options during this difficult time. .
To request your free copy please call 416-621-1551 or 1-866-621-1551 or email us at info@smitiuchinjurylaw.com
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Contact: Michael Smitiuch; msmitiuch@smitiuchinjurylaw.com, 416-621-1551 Summary:
Kids Can Fly - 6th Annual Storybook Breakfast
February 9, 2013
9:00 a.m. and 11:00 a.m.
Rossini Lodge
Brantford, ON
Full Story:
Children, parents, grandparents and friends enjoy a magical experience eating breakfast with well known Disney and cartoon characters.
Proceeds from this event go to Kids Can Fly and are used to support early child development and parenting.
Smitiuch Injury Law is pleased to be a participant and donor of this event.
Kids Can Fly is an independent charitable initiative, unique to Brant County, which exists to support early child development and parenting and to help all children maximize their potential.
"The first six years of life set the stage for lifelong learning, behaviour, health and well-being."
Dr. J. Fraser Mustard.
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Contact: Michael Smitiuch; msmitiuch@smitiuchinjurylaw.com, 416-621-1551
Contact: Sharon Brooks, Kids Can Fly Executive Director; sharon.brooks@sympatico.ca, 519-448-1713 www.kidscanfly.ca Summary:
Smitiuch Injury Law is very pleased to announce that Mr. Luke Hamer has joined the firm as an Associate Lawyer.
Full Story:
Smitiuch Injury Law is very pleased to announce that Mr. Luke Hamer has joined the firm as an Associate Lawyer. After articling with the firm for 10 months, Luke was Called to the Bar on January 25, 2013. He obtained his Juris Doctor law degree (J.D.) from Bond University in Queensland, Australia.
Prior to attending law school, Luke studied at the University of Toronto where he graduated with an Honours Bachelor of Science majoring in Anthropology and English.
Luke will be serving clients in the Toronto, Brantford and surrounding communities. His addition to the firm enhances Smitiuch Injury Law's commitment to providing excellent customer service.
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For more information contact:
Luke Hamer/ lhamer@smitiuchinjurylaw.com / 416-621-1551, extension 211. 2012 Smitiuch Injury Law Scholarship Recipient - St. John's College
Congratulations to Brendan Ryan, Recipient of Queen Elizabeth II Diamond Jubilee Medal
The father of Arthur Ryan, Litigation Coordinator at Smitiuch Injury Law, was awarded with the Queen Elizabeth II Diamond Jubilee Medal this past Saturday, October 6, 2012, at a ceremony in Brantford, Ontario.
Mr. Brendan Ryan is a retired educator and volunteers on multiple agencies and boards in the riding of Brant.
We extend our warmest best wishes to Mr. Ryan for this special honour!
Accident Benefits: Practical Issues for Health Care Professionals
Thursday, September 20, 2012
11:30am until 5:00pm
Managing Behaviourally Challenging Clients in Community Settings
• HHSC ABI Program Crisis Management Team
Accident Benefits Update
• Peter Cho - Smitiuch Injury Law
Open Forum with Expert Panel
Disclosure Newsletter - Summer 2012 issue Facebook Poll Winner
Chantalle Barkovich, Registered Massage Therapist, Kneaded Care Inc., Brantford is the winner of a $150 Keg Steakhouse Gift Certificate.
Congratulations Chantalle, thanks for voting!
Children's Safety Village of Brant recipient the OTLA 2012 Safety Award
The Children's Safety Village of Brant is the 2012 recipient of the Ontario Trial Lawyers Association (OTLA) Safety Award. This award recognizes outstanding achievement by a local group or community organization within Ontario that helps to improve safety and enhance injury prevention in the community. In the photo: Constable Elana Emmons, School Safety Officer, Brantford Police Services and Gail Chambers, Administrator, Children's Safety Village accept the award from Keith Smitiuch and Arthur Ryan of Smitiuch Injury Law.
Michael Smitiuch, Principal, is quoted in a June 20, 2012, Financial Post article that is titled " Accidental death insurance is usually a bad investment".
Michael Smitiuch, Principal, is quoted in a July 10, 2012, Financial Post article that is titled " Lying on your insurance policy will lead to trouble come claim time".
2012 Smitiuch Injury Law Scholarship Recipient - Assumption College
Summary:
The recipient of the 2012 Smitiuch Injury Law Assumption College Legal Studies Scholarship is Lucinda Ferreira.
Full Story:
The recipient of the 2012 Smitiuch Injury Law Assumption College Legal Studies Scholarship is Lucinda Ferreira.
This year's winner was announced on Thursday, June 28, 2012, during the Graduation ceremonies held at Assumption College in Brantford, ON. The $250 scholarship is awarded to a student of Assumption College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the Assumption College community beyond the minimum requirements.
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For more information contact:
Michael Smitiuch / msmitiuch@smitiuchinjurylaw.com / 416-621-1551
2012 Smitiuch Injury Law Scholarship Recipient - St. John's College
Summary:
The recipient of the 2012 Smitiuch Injury Law St. John's College Legal Studies Scholarship is Ms. Claudia Volpe.
Full Story:
The recipient of the 2012 Smitiuch Injury Law St. John's College Legal Studies Scholarship is Ms. Claudia Volpe.
This year's winner was announced on Thursday, June 28, 2012, during the Graduation ceremonies held at the Sanderson Centre for the Performing Arts in Brantford, ON. The $250 scholarship is awarded to a student of St. John's College who has successfully completed the Grade 11 Law course and who is involved in extra-curricular activities either inside or outside the St. John's College community beyond the minimum requirements.
The annual scholarship was established in 2006 by Smitiuch Injury Law's Principal, Michael Smitiuch, and Litigation Coordinator, Arthur Ryan. Both Mr. Smitiuch and Mr. Ryan are alumni of St. John's College.
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For more information contact:
Michael Smitiuch / msmitiuch@smitiuchinjurylaw.com / 416-621-1551
Kids Can Fly - 5th Annual Storybook Breakfast
Posted on February 6, 2012
Summary:
February 4, 2012
9:00 a.m. and 11:00 a.m.
Rossini Lodge
Brantford, ON
Full Story:
Children, parents, grandparents and friends enjoy a magical experience eating breakfast with well known Disney and cartoon characters.
Proceeds from this event go to Kids Can Fly and are used to support early child development and parenting.
Smitiuch Injury Law is pleased to be a participant and donor of this event.
Kids Can Fly is an independent charitable initiative, unique to Brant County, which exists to support early child development and parenting and to help all children maximize their potential.
"The first six years of life set the stage for lifelong learning, behaviour, health and well-being."
Dr. J. Fraser Mustard.
***
Contact: Michael Smitiuch; msmitiuch@smitiuchinjurylaw.com, 416-621-1551
Contact: Sharon Brooks, Kids Can Fly Executive Director; sharon.brooks@sympatico.ca, 519-448-1713 www.kidscanfly.ca
Articling Student Joins Smitiuch Injury Law
Posted on January 16, 2012
Summary:
Mr. Luke Hamer has joined Smitiuch Injury Law as an Articling student to complete his ten month articling training.
Full Story:
Mr. Luke Hamer has joined Smitiuch Injury Law as an Articling student to complete the required ten month articling training. Luke's journey to Smitiuch Injury Law has taken him from Guelph, Ontario down under to Queensland, Australia and then finally to Toronto. Articling at the firm may even take him to the firm's office in Brantford, Ontario. His journey to become a lawyer will conclude when he is "called to the bar" in January, 2013.
While articling at Smitiuch Injury Law, Luke will be working under the direct supervision of the firm's Principal, Mr. Michael Smitiuch.
"The Hammer" attended Bond University, located in Queensland, Australia, where he successfully obtaining his Juris Doctor. During his two years at Bond, Luke was a member of the Student in Legal Skills Component. He has successfully fulfilled the requirements of the National Committee on Accreditation (NCA) and is a Law Society of Ontario articling candidate.
Prior to attending law school, Luke attended the University of Toronto where he graduated with an Honours Bachelor of Science majoring in Anthropology and English.
In his spare time, Luke has volunteered with Habitat for Humanity and as a Camp Counsellor in Guelph.
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Contact: Luke Hamer; lhamer@smitiuchinjurylaw.com, 416-621-1551, ext. 211
45th Annual CP24 CHUM Christmas Wish 2011 Toy Donations
Posted on December 22, 2011
Summary:
The employees of Smitiuch Injury Law are pleased to donate toys to the 45th Annual CP24 CHUM Christmas Wish 2011.
Full Story:
The employees of Smitiuch Injury Law are pleased to donate toys to the 45th Annual CP24 CHUM Christmas Wish 2011.
Close to 100 toys were donated to the 45th Annual CP24 CHUM Christmas Wish 2011.
Merry Christmas to all!
