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The court dismissed a dental malpractice claim because the plaintiff failed to prove the dentist's emergency administration of nitroglycerin caused his subsequent hospitalization and psychological injury.
The plaintiff, David George Owen, brought a negligence claim against dentist Sukhjeevan Bains following a tooth extraction procedure during which Owen lost consciousness and later experienced a bradycardiac event at the hospital, leading to a "near death experience" and psychological injury.
The court dismissed the claim, finding that Owen failed to prove on a balance of probabilities that Dr. Bains's administration of nitroglycerin (NTG) caused the subsequent bradycardiac event at the hospital.
The court determined that Owen's underlying health conditions were the cause of the events, and Dr. Bains's actions were reasonable given the perceived emergency.
Late application for accident benefits barred; reliance on counsel and psychological impairment not reasonable explanations.
The applicant was involved in a motor vehicle accident and applied for statutory accident benefits approximately two years later, well beyond the required timelines.
The respondent denied the benefits due to the delay.
The applicant argued she had a reasonable explanation for the delay, citing psychological impairment and reliance on her former legal counsel.
The Tribunal found that neither explanation was objectively reasonable, noting the applicant's ability to complete other significant tasks during the delay period and her failure to follow up with her counsel.
The application for benefits was dismissed, and the applicant's request for costs was denied.