The appellant appealed a Small Claims Court decision dismissing her dental malpractice action against the respondent prosthodontist.
The appellant alleged that the respondent negligently replaced a dental crown and failed to obtain informed consent.
The trial judge dismissed the action because the appellant's own expert did not opine that the respondent's work fell below the standard of care, while the respondent's expert confirmed the treatment met the standard.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the appellant failed to prove a breach of the standard of care or a lack of informed consent without supporting expert evidence.
