Michael Smitiuch

A leading injury lawyer serving clients in Toronto and throughout Ontario

Mike is the founder of Smitiuch Injury Law and he has established himself as a leading lawyer in Ontario for injury and death lawsuits. Since he started the firm in 2001, through hard work and determination, Mike has earned a reputation as a fierce advocate for victims inside and outside of the courtroom.

Mike handles any type of case involving injury or death, including car, truck and motorcycle accidents, slip and fall incidents, product failures, fire incidents, police misconduct, medical malpractice and disability claims.

By regularly going to trial and holding wrongdoers responsible this only helps to maximize settlements for other clients. Mike’s experience is significant and diverse, including:

• Obtaining benefits and damages awards for seriously injured accident victims, such as those suffering with a brain injury or paralysis, including a $6 million settlement for a car accident victim who is now a quadriplegic.
• Fighting for justice on behalf of victims in any type of wrongful death case, including the tragic death of Alisha Lamers in a rooming house fire. In 2019, Mike secured a record-setting trial verdict where a jury found the landlord negligent and awarded $1.6 million in damages to Alisha’s parents. Click on the link for news coverage about this important quest for justice.

• Regularly representing Ontario Provincial Police officers injured in car accidents while in the line of duty, including a trial win in Hamilton in 2017 where the jury awarded more than $1 million in damages to the injured officer.

• Helping brain injury victims in their fight for justice. In 2014, a Toronto jury awarded Mike’s brain injured client over $1.8 million in damages against the Glen Eagle Golf Club due to the club’s negligence involving a golf cart.
• Taking on big corporations where there has been an injustice or failure on their part, including the first ever trial win in North America against Corning Inc. involving Visions cookware. A London jury awarded $1.15 million in damages and this was upheld by the Ontario Court of Appeal in 2014. Click the link for news coverage about this case.
• Protecting the rights of the most vulnerable in our country, including children and the elderly. In 2018, Mike secured another trial win, this time against a nursing home corporation after a 77-year-old was strangled to death while in their care. The $640,000 in damages included the first ever award of punitive damages in Canada against a nursing home. Click the link for news coverage about his.

• Advocating for change and or much needed changes in the mental health system. Mike represents the Tiwari family in their quest for justice on behalf of their son, Prashant Tiwari, who died while he was under the care of the Brampton Civic Hospital. This important case has received national media attention. Click here for the media coverage about it.

• Extensive experience with injury and death claims against all levels of government in Canada for such things as improper road design and failing to properly salt/sand roadways. In 2016 Mike won a major trial when a judge found the City of Hamilton negligent for failing to keep an intersection in a state of good repair.

If the above results don’t speak for themselves, here is a sample of what judges have said about Mike's performances in the courtroom:

• “Mr. Smitiuch and Mr. Hamer were trial counsel and the high quality of their expertise and their outstanding level of preparedness was evident throughout the trial. I especially appreciated the various briefs that were prepared in advance of trial and available to address various legal issues that surfaced as the case unfolded.
  ... Against the overall backdrop of this case... the jury's [punitive damages] award... was significant and qualitatively represented a significant success for the plaintiffs.” (Coulson v. Sunrise)
•  “All counsel in this difficult trial were very well prepared and I wish to extend my appreciation for their excellent assistance”(Chiocchio City of Hamilton)
•  “...this was in large measure due to the considerable preparation and skill demonstrated  byplaintiff counsel that put the plaintiffs' case before the jury in the best possible light...  In this case, I already have commented on the commendable performance by plaintiff  counsel, which certainly was very important to the degree of success achieved by the  plaintiffs” (Stilwell v. Corning)

In addition to achieving much needed settlements and trial wins for his clients, Mike is strongly motivated by injustice and unfairness in our country and he has sought to raise awareness about many important safety issues, such as the hidden dangers of wired glass, the unreasonable use of force by police and the recent shootings involving Airbnb rentals.

View or listen to interviews given by Mike.

Read articles involving Mike.

Areas of Practice

• Personal Injury
• Disability and Insurance Claims
• Wrongful Death
• Product Liability
• Motor Vehicle Accidents
• Slip and Fall Incidents

Litigation Percentage

• 100% of Practice Devoted to Litigation

Bar Admissions

• Ontario, 1998

Education

• University of Western Ontario, Faculty of Law, London, Ontario, Canada
  L.L.B. - 1996
• McMaster University, Hamilton, Ontario, Canada
  Honours B.A. – 1994
  Major: Political Science

Professional Associations and Memberships

• Ontario Trial Lawyers Association, Member, 1998 - Present
• American Association for Justice, Member, 1998 - Present
• The Advocates’ Society, Member, 2013 - Present
• Global Law Experts, Legal expert in Catastrophic Injury Law , December 1, 2015 - Present