Case information
Consult our database for details on a Supreme Court of Canada case.
41503
Marshall Zaitlen v. Sean Omar Henry personally and as Estate Trustee for the Estate of Sandy Robinson
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-04-23 | Close file on Leave | |
| 2025-04-22 | Correspondence (sent by the Court) to, RE: Certificate of Taxation | |
| 2025-04-22 | Certificate of taxation issued to, Joni Dobson | |
| 2025-04-22 | Decision on the bill of costs, in the amount of $1,093.37., in the amount of $1,093.37, Reg | |
| 2025-04-22 | Submission of the bill of costs, Reg | |
| 2025-03-06 | Bill of costs, UNDER REVIEW, Completed on: 2025-03-17 | Sean Omar Henry personally and as Estate Trustee for the Estate of Sandy Robinson |
| 2025-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-06 | Judgment on leave sent to the parties | |
| 2025-03-06 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-CV-0114, 2024 ONCA 614, dated August 15, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-01-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-16 | Lower court order - e-filing, (Letter Form), Ontario Court Appeal -File No. COA-23-CV-0114, (Printed version due on 2025-01-23) | Marshall Zaitlen |
| 2024-11-25 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-11-26, (Printed version filed on 2024-11-26) | Marshall Zaitlen |
| 2024-11-13 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-11-14) | Sean Omar Henry personally and as Estate Trustee for the Estate of Sandy Robinson |
| 2024-11-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-11-14, (Printed version filed on 2024-11-14) | Sean Omar Henry personally and as Estate Trustee for the Estate of Sandy Robinson |
| 2024-10-18 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File open | |
| 2024-10-15 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-10-15) | Marshall Zaitlen |
| 2024-10-15 |
Application for leave to appeal, (Book Form), Missing: -Signed Trial court judgement (rec'd 2024-10-28) -CA Order (Draft order included in the application) (rec'd 2024-10-28), Completed on: 2024-10-28, (Printed version filed on 2024-10-15) |
Marshall Zaitlen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Zaitlen, Marshall | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sean Omar Henry personally and as Estate Trustee for the Estate of Sandy Robinson | Respondent | Active |
Counsel
Party: Zaitlen, Marshall
Counsel
Stephanie Sugar
Allison Spiegel
Suite 5300, TD Bank Tower
66 Wellington Street West
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Email: fmclaugh@mccarthy.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Sean Omar Henry personally and as Estate Trustee for the Estate of Sandy Robinson
Counsel
Michael Hodgins
Cory Giordano
500 - 285 King Street
London, Ontario
N6B 3M6
Telephone: (519) 672-1953
FAX: (519) 672-6689
Email: jdobson@md-lawyers.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Judgments and orders – Interest – Prejudgment interest – Rate – Should the test for a trial judge to exercise discretion under s. 130 of the Courts of Justice Act, R.S.O. 1990, c. C.43, require a numerosity of factors, and have certain of these factors weighed against defendants? – Is the information about an insurer and/or the individual investment information of litigants required or relevant to determining the applicable rate of prejudgment interest? – What is the definition of “market rates” under s. 130(2)(c), and is a party required to advance expert evidence before a court can consider a s. 130 analysis? – Courts of Justice Act, R.S.O. 1990, c. C.43, ss. 127 to 130.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In the Ontario Superior Court of Justice, a jury awarded the respondents damages in a medical malpractice action against the applicant doctor. The applicant sought a reduction of the 5 percent prejudgment interest rate on the respondents’ non-pecuniary damages for personal injury prescribed under s. 128(2) of the Courts of Justice Act, R.S.O. 1990, c. C.43 and r. 53.10 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. The trial judge made a prejudgment interest order of 1.3 percent. The Ontario Court of Appeal allowed the respondents’ appeal, set aside the prejudgment interest order and fixed the prejudgment interest rate at 5 percent for the respondents’ non-pecuniary damages for personal injury.
Lower court rulings
Prejudgment interest order of 1.3 percent on non-pecuniary damages for personal injury
Appeal allowed and prejudgment interest fixed at 5 percent for non-pecuniary damages for personal injury
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available