Superior Court Judge invalidates waiver on the basis of violation of the Consumer Protection Act
Michael Smitiuch
Mike obtained his law degree (LL.B.) from the University of Western Ontario. Mike also holds an Honours B.A. in Political Science from McMaster University.
His practice is dedicated exclusively to representing individuals and family members of those who have been seriously injured or killed.
Mike has lectured and written extensively for various legal conferences and publications, including the The Advocates’ Quarterly and the Ontario Trial Lawyers Association. Mike is a member of the Law Society of Upper Canada, the Ontario Trial Lawyers Association and the American Association for Justice.
Bhatt v William Beasley Enterprises Limited, 2015 ONSC 4941 (CanLII)
Released August 10, 2015 | CanLII This is a brief decision addressing whether counsel must produce dockets when the issue of costs is being considered after a trial. This issue arose after the Plaintiffs were successful at trial and awarded $305,000.00 for damages, inclusive of interest. The damages award was more than double the amount of the Defendant’s formal Offer to Settle. This was a judge alone …
Bhatt v. William Beasley Enterprises Limited, 2015 ONSC 2168
Released June 12, 2015 | CanLII This is a judge alone trial decision. The trial proceeded before Mr. Justice Faieta in March 2015. The minor Plaintiff was injured while boarding a ride with his father at the Centreville Amusement Park. The Defendant advanced the argument that there was contributory negligence on both the minor Plaintiff and his father in part because he had a pre-existing …
