Michael Smitiuch

Michael Smitiuch

Toronto, Ontario, Canada

Mike is the founder of Smitiuch Injury Law and he has established himself as a leading trial lawyer in Ontario for injury and death lawsuits. Since 1998, when his career started, Mike has only represented innocent injury victims. He started Smitiuch Injury Law in 2001.

Mike handles all types of cases involving motor vehicle accidents, slip and fall incidents, product failures, police misconduct, medical malpractice and disability claims. He regularly conducts jury and judge alone trials. By regularly going to trial and holding wrong-doers responsible this only helps to maximize settlements for other clients.

Perhaps the best example of Mike's experience, skill and determination is the history setting case of Stilwell v. Corning Inc., where a London jury awarded the injured Plaintiff over $1.15 million for damages. This award of damages was the first successful trial verdict against Corning Inc. in North America involving Visions cookware.  Click the following links for news coverage about this case. The Stilwell case ended in 2014 when the Ontario Court of Appeal decided in favour of Mike's severely injured client.

Here are some (not all) of Mike's other accomplishments in the courtroom:

• In June 2018, after a 5 week trial, a Brampton jury awarded $640,000 in damages to the family of a lady who was strangled to death due to the defective installation of an assistive device. Of significance, punitive damages were awarded against Sunrise Senior Living and this is believed to be only the third jury trial verdict against a nursing home of this nature in Canada. Click the following for news coverage about this case.



• In October 2017, after a 4 week trial, a Hamilton jury awarded significant damages against a truck driver and his company for striking an OPP constable in the line of duty while making a traffic stop. Mike regularly represents police officers injured in the line of duty.

• In December 2016, a Hamilton judge found the City of Hamilton negligent for failing to keep an intersection in a state of good repair. Click the following link for news coverage about this case. This decision has since been overturned by the Ontario Court of Appeal but Mike and his team are appealing this to the Supreme Court of Canada.

• In June 2016, a Toronto jury returned a verdict in favour of Mike's client after three weeks of trial. This action arose from the Plaintiff’s fall from a metal stud located above a drop-down ceiling to the floor ten feet below. The amount of damages awarded was $515,000.

• In December 2014, after 4 weeks of trial, a Toronto jury awarded Mike's client over $1.8 million in damages against the Glen Eagle Golf Club.

Here is a sample of what judges have said about Mike's performance in the courtroom:

 "All counsel in this difficult trial were very well prepared and I wish to extend my  appreciation for their excellent assistance" (Chiocchio v. City of Hamilton)

 "...this was in large measure due to the considerable preparation and skill  demonstrated  by plaintiff 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)

"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)

In addition to trial work, Mike has been a leading advocate in many areas involving public safety, including wired glass in schools, the unreasonable use of force by police and suicides in mental health hospitals. Mike has helped put the spotlight on these important issues and he has been interviewed/featured by all major media outlets and news shows in Canada, including The National, Canada AM, CBC's Metro Morning, CTV, Global News, The Globe & Mail, The Toronto Star and the National Post.
Click here to view or listen to interviews given by Mike.
Click here to read articles written involving Mike.

Mike has also had scholarly papers and articles published in many legal publications such as The Litigator, The Lawyers Weekly and The Advocates' Quarterly. He has also given numerous lectures to other lawyers at conferences put on by The Law Society of Upper Canada, the Ontario Trial Lawyers Association and the Advocates' Society.


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


  • University of Western Ontario, Faculty of Law, London, Ontario, Canada
    • LL.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