Maillet v Violette, 2019 NBQB 74
Corinna Maillet, a dentist patient brought an action for damages for negligence against her dentist alleging he had performed root canal on the wrong tooth. Ms. Maillet alleged that the defendant company was vicariously responsible for dentist's negligence. The dentist admitted he had performed an initial root canal on the wrong tooth but then claimed that he had also performed a root canal on the correct tooth and that his error had not caused any damages. The patient brought a motion for summary judgment on the issue of liability. The motion was granted as there was no question that the dentist owed to his patient a duty of care and that he had breached requisite standard of care by performing a root canal on the wrong tooth. While the quantum of damages was another issue, there was also no question that the patient had sustained damages as result of this breach of duty of care. There was no genuine issue with respect to liability requiring trial.
You can read Maillet v Violette, 2019 NBQB 74 in its entirety here.
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