Lacewood Square Dentistry v. MacEachern

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)

  1. 1 Whether the dental office was responsible for monitoring the patient’s insurance coverage
  2. 2 Whether the claimant performed services without patient consent or negligently
  3. 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