Sean Omar Henry v. Dr. Marshall Zaitlen,

JurisdictionOntario
JudgeSANFILIPPO
Citation2022 ONSC 318
Docket NumberCV-12-459089
CourtSuperior Court of Justice of Ontario (Canada)
Date13 January 2022

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3 practice notes
  • Fedoriuk v Howard
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 25, 2025
    ...for “cause or contributed to” language in his jury questions. 44 This issue was also addressed by Sanfilippo J. in Henry v. Zaitlen, 2022 ONSC 318. That case involved a delayed diagnosis and treatment of the plaintiff's spinal cord condition. After considering many of the cases that I have ......
  • Meldazy v Nassar
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 2, 2024
    ...of the jury charge on the issue of damages and incorporate them into the jury questions: Sean Omar Henry v. Dr. Marshall Zaitlen, 2022 ONSC 318, 78 C.P.C. (8th) 311, at para. 69. 38 There are better ways to ensure the jury understands than to require it to answer the detailed questions prop......
  • Vartanian v McDowell
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 21, 2024
    ...language? 10 There is no dispute that the “but for” test for causation applies. However, like in Sean Omar Henry v Dr. Marshall Zaitlen, 2022 ONSC 318, the dispute in the case-at-bar is how that test should be articulated in the questions to the jury, so that its members are provided with “......
3 cases
  • Fedoriuk v Howard,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 25, 2025
    ...for “cause or contributed to” language in his jury questions. 44 This issue was also addressed by Sanfilippo J. in Henry v. Zaitlen, 2022 ONSC 318. That case involved a delayed diagnosis and treatment of the plaintiff's spinal cord condition. After considering many of the cases that I have ......
  • Meldazy v Nassar,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 2, 2024
    ...of the jury charge on the issue of damages and incorporate them into the jury questions: Sean Omar Henry v. Dr. Marshall Zaitlen, 2022 ONSC 318, 78 C.P.C. (8th) 311, at para. 69. 38 There are better ways to ensure the jury understands than to require it to answer the detailed questions prop......
  • Vartanian v McDowell,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 21, 2024
    ...language? 10 There is no dispute that the “but for” test for causation applies. However, like in Sean Omar Henry v Dr. Marshall Zaitlen, 2022 ONSC 318, the dispute in the case-at-bar is how that test should be articulated in the questions to the jury, so that its members are provided with “......