Court File and Parties

CITATION: Henry v. Zaitlen 2021 ONSC 1494

DIVISIONAL COURT FILE NO.: 067/21

DATE: 20210301

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: SEAN OMAR HENRY, personally and as Estate Trustee for the Estate of Sandy Robinson, Plaintiff/Respondent

AND: DR. MARSHALL ZAITLEN, Defendant/Moving Party

BEFORE: Penny, Kristjanson and Favreau JJ.

COUNSEL: Frank McLaughlin and Stephanie Sugar for Dr. Zaitlen Barbara A. MacFarlane and Katelynn Drake for Mr. Henry

HEARD in writing: March 1, 2021

Endorsement

[1] The defendant’s motion for leave to appeal the February 1, 2021 decision of A. Ramsay J. (Henry v. Zaitlen, 2021 ONSC 456) is dismissed with costs to the plaintiff fixed at $5,000.

[2] The central premise of A. Ramsay J.’s decision is the possibility of a jury trial as early as May 2021. The defendant may, on new evidence concerning both the availability of jury trials generally and the likely date for a jury trial of this action in particular, renew his motion before the Superior Court of Justice if it turns out the trial cannot proceed before a jury in May 2021.

Penny J.

Kristjanson J.

Favreau J.

Date: March 1, 2021