Examples of Gerry Smits' Results
Employment Law

  • 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.

Criminal Law

  • 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 The charge of first degree murder was withdrawn.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.

Civil Litigation

  • 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
    day trial."


  • 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.