B.C. man takes legal fight to UBC dental clinic in denture disappointment
A B.C. man with ill-fitting dentures went to the UBC dental clinic to get them fixed, but it didn’t really work out the way he had hoped.
In the aftermath of the failed procedure, the B.C. man decided to take his case to the BC Civil Resolution Tribunal.
The B.C. man and the applicant in the case told the tribunal that UBC failed to fix his dentures and that he had to buy new ones, claiming $3,200 in damages.
UBC, the respondent, said that it never guaranteed a fix and that after several attempts, the dentists determined that a repair wasn’t possible, instead recommending implants. A lawyer represented UBC, while the applicant represented himself.
UBC runs a teaching dental clinic that offers procedures at reduced costs to patients.
On Nov. 20, 2022, the applicant attended the clinic complaining about an ill-fitting lower denture. Notes from the clinic state that the attending prosthodontist suggested trying to reline the denture, which may have alleviated the applicant’s complaints.
Other suggestions included implants to support the dentures. Most importantly, the prosthodontist specifically said relining may not improve the fit significantly. Nonetheless, the applicant agreed to the relining.
The applicant attended the clinic again on Jan. 10, Jan. 17, Jan. 23, Jan. 30, Feb. 23, March 13, and March 16, 2023.
After each visit, the applicant continued to complain about the fit.
On March 23, notes from the clinic state that the dentures were still causing pain. The dentist offered to continue another hard reline or another soft reline to restore function. It also offered to discharge him to another program or community dentist, and the applicant agreed to proceed with the soft reline.
The applicant was attempting to argue that UBC’s work was deficient.
“While he acknowledges UBC informed him that there was no guarantee of success, he says a subsequent dentist told him that a reline would not have fixed his problems, and a new set of dentures was required,” the tribunal decision notes.
Unfortunately for the applicant, he wasn’t able to provide any expert evidence, nor was he able to clearly lay out what UBC did incorrectly, nor what it should have done differently.
Here’s the kicker.
The applicant wasn’t able to prove he suffered a loss, and UBC explained that it gave the applicant a full refund for his denture-related services.
His claim for $3,200 in damages was dismissed.