Examples of Gerry Smits' Results
GERRY SMITS LAW FIRM
- acting for a local public utility, negotiated settlement of a
claim made by a senior employee for wrongful dismissal.
Funds paid by the utility were in a nominal amount.
- retained by a multi-national corporation to negotiate
termination of a long-standing employment relationship. All
issues were resolved without litigation.
- acted for a national retail chain at trial dealing with
allegations of wrongful dismissal. The employee's claim was
dismissed with costs in favour of the retail chain.
- acting for two employees who were dismissed by a multi-
national corporation, successfully prosecuted their claims at a
trial for wrongful dismissal. The multi-national corporation
had retained the services of a National legal firm. The
corporation was ultimately obliged to pay the legal costs of the
two employees in question.
- acting on behalf of a former National Hockey League player,
successfully defended several assault related charges,
including assault police and assault causing bodily harm. All
charges were ultimately dismissed.
- acting as Federal Prosecutor for Canada Revenue Services,
obtained convictions on violations of the Excise Tax Act
following a 17 day jury trial. The charges involved fraudulent
collection of more than $700,000.00 in GST rebates. The
accused was sentenced to a penitentiary term.
- acting on behalf of an accused charged with first degree
murder, negotiated a plea of guilty to one count of attempt
break and enter. The accused was sentenced to a reformatory
term. The charge of first degree murder was withdrawn.
- acting on behalf of an accused charged with two counts of
sexual assault. A Brant County jury dismissed both counts,
after deliberating slight over an hour.
- acting on behalf of a retired professional boxer, obtained a
dismissal of a charge of possession of crack-cocaine for the
purpose of trafficking.
- acting on behalf of a multi-national corporation, successfully
prosecuted an appeal in respect of a conviction contrary to the
Occupational Health and Safety Act.
Personal Injury Law
- acting on behalf of a professional roofer who was injured while
giving an estimate, successfully received a six figure jury
verdict. The claim was defended by a Bay Street Toronto firm.
Costs were awarded in favor of the injured roofer.
- successfully prosecuted a claim for damages by a member of
the Canadian Armed Forces who had been injured in a motor
vehicle accident. Obtained costs on behalf of the client
following a jury trial.
- negotiated settlement of many personal injury claims at pre-
trial, at mediation and throughout the course of settlement
discussions and negotiations.
- acting on behalf of a multi-national not-for-profit corporation,
successfully prosecuted a claim dealing with ownership of a 17
acre tract of land located in Brant County. The Judgment
settled all title claims made by the defendant in favour of the
Plaintiff. Subsequent Appeal by the Defendant at the Ontario
Court of Appeal was unsuccessful. Plaintiff was awarded costs
of both the trial and the Appeal.
- acting on behalf of a franchisee sued by a Province-wide
restaurant chain, successfully negotiated resolution of claim
without any obligation by the client to make any payment.
Each party paid their own costs.
- acting on behalf of two family members in respect of claims
made by another family member, seeking ownership of a
million dollar property, successfully secured a Judgment at
trial wherein all claims were dismissed, with costs to clients.
- Acting for a local weekly newspaper,successfully defended a
Libel action .Costs were awarded to the newspaper after a six
- acted for mother of two children who had suffered significant
psychological problems. Client succeeded at trial in obtaining
an Order for joint and shared custody of the children of the
marriage, and received both spousal and child support.
- have acted as counsel in numerous trials dealing with issues of
child support, spousal support, ownership of property and
equalization of parties' net family property.