Lacewood Square Dentistry v. MacEachern
Because the defendant signed an agreement accepting responsibility for fees, there was no evidence the dental office assumed responsibility to track insurance benefits, and no expert evidence of negligence, the claim for unpaid dental fees succeeds and judgment is entered for the claimant.
- Citation
- 2006 NSSM 25
- Parties
- Claimant: Lacewood Square Dentistry; Defendant: Bruce MacEachern
- Court
- Nova Scotia Small Claims Court
- Jurisdiction
- Canada
- Judgment Date
- 30 May 2006
- Procedural Posture
- Small Claims Court / Final Decision (judgment)
- Outcome
- Judgment for claimant
- Legal Topics
- Unpaid Services, Liability for Insurance Benefits, Consent, Costs
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lacewood Square Dentistry
Claimant
Bruce MacEachern
Defendant
Procedural Posture
Small Claims Court / Final Decision (judgment)
Legal Issues
- 1 Whether the dental office was responsible for monitoring the patient’s insurance coverage
- 2 Whether the claimant performed services without patient consent or negligently
- 3 Whether the defendant is liable for unpaid dental fees and costs
Ratio Decidendi
Because the defendant signed an agreement accepting responsibility for fees, there was no evidence the dental office assumed responsibility to track insurance benefits, and no expert evidence of negligence, the claim for unpaid dental fees succeeds and judgment is entered for the claimant.
Court Disposition
Judgment for claimant
Orders
- Defendant to pay debt of $1,014.87 to Claimant
- Defendant to pay costs of $146.25 to Claimant
Full Case Text
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