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Dentist's appeal of negligence judgment dismissed; failure to disclose risks to lip implants breached duty.
The appellant dentist appealed a Small Claims Court judgment awarding the respondent $21,687.49 for dental negligence.
The respondent suffered permanent damage to her lip implants during a wisdom tooth extraction.
The Divisional Court upheld the trial judge's findings that the appellant breached the standard of care by failing to inform himself on how to handle the implants and breached his duty of informed consent by failing to disclose the material risks of the procedure to the implants.
The appeal was dismissed.
Jury's $200,000 non-pecuniary award survived appellate review.
The appellant challenged a jury verdict in a motor vehicle personal injury action, arguing that the trial judge's charge inadequately corrected improper closing submissions on non-pecuniary damages and that the $200,000 award for pain and suffering was inordinately high.
The Court of Appeal held that the trial judge expressly instructed the jury not to use a mathematical extrapolation approach and provided adequate guidance on assessing general damages.
Applying the deferential standard for appellate review of jury awards, the court found no substantial wrong or miscarriage of justice and concluded the award was not so plainly unreasonable and unjust as to warrant intervention.
The appeal was dismissed with fixed costs to the respondents.
