2023 QCCQ 3793, 2023 QCCQ 3793

White c. Azar 2023 QCCQ 3793 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL Civil Division No: 500-32-715034-213 DATE: June 15, 2023 ______________________________________________________________________ BY THE HONOURABLE EMMANUELLE SAUCIER, J.C.Q. ______________________________________________________________________ CARLA WHITE Plaintiff v. ALAIN AZAR Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 1. OVERVIEW 1.1.

The litigation [ 1 ] Carla White is claiming $5,135.00 from Dr. Alain Azar for the injury she suffered after Dr. Azar removed a dental impression during a procedure [1] . [ 2 ] According to Ms. White, Dr. Azar had difficulty removing the mould. A few days later, she experienced severe pain and discomfort to her tooth No. 14 which she attributes to Dr. Azar’s negligence in performing the impression procedure. [ 3 ] Ms. White took an emergency appointment with Dr. Azar who prescribed ibuprofen. [ 4 ] As her pain became unbearable, she went to the emergency room at the CHUM and was treated for a tooth infection.

She then consulted two dentists who recommended the extraction of her tooth. [ 5 ] Luckily, Ms. White’s infection healed, and she was not required to proceed with the extraction of her tooth. [ 6 ] Ms. White alleges that Dr. Azar’s negligence in performing the impression procedure caused her infection. [ 7 ] In defence, Dr. Azar contests Ms. White’s recourse arguing that her suffering is due to an untreated periodontal disease on tooth No. 14 and not because of any faulty behaviour on his part. 1.2. Issues in dispute [ 8 ] The court must determine the following issues: 1- Did Dr.

Azar commit a fault while performing the impression procedure? 2- If so, are the damages claimed a direct consequence of the fault? 2. ANALYSIS [ 9 ] To be awarded damages, Ms. White must first establish a fault on the part of Dr. Azar, injury, and a causal link between the two. [ 10 ] Ms. White did not provide the Court with any expert report to establish that Dr. Azar committed a professional fault. [ 11 ] Dr.

Azar denies that there was any problem during the impression procedure. [ 12 ] At the conference hearing of January 20, 2023, held before the Justice Breault, the parties were informed of the need and usefulness of calling an expert witness to establish Dr. Azar’s fault. [ 13 ] Ms. White informed the Court that she intended to file an expert report and Justice Breault ordered her to do so within 60 days from the conference hearing. [ 14 ] No such expert report was filed into the Court file.

[ 15 ] During the hearing, Ms. White testified that she tried to retain without success the service of an expert. [ 16 ] Ms. White has the burden of proving Dr. Azar’s fault. [ 17 ] She has not established to the satisfaction of the Court the allegations of her claim. [ 18 ] There is no proof of any professional fault. [ 19 ] Therefore, the Court dismisses Ms. White’s judicial demand with court costs. FOR THESE REASONS, THE COURT : [ 20 ] DISMISSES Carla White’s judicial demand with Court costs. __________________________________ EMMANUELLE SAUCIER, J.C.Q. Date of hearing: June 13, 2023