Can I sue a dentist for failed dental work in small claims court?

What the Law Says

In Canada, dental malpractice claims are governed by provincial law, including both civil liability rules and small claims procedures. While there is no federal dental malpractice statute, dentists owe patients a duty of care under common law and provincial health professions legislation.

Dental treatment failures may constitute negligence if the dentist breached the standard of care expected of a reasonably competent practitioner in similar circumstances. Courts assess this using the 'Bolam test' as applied in Canadian jurisprudence, requiring expert evidence to establish the accepted standard.

Small claims courts across Canada are designed for straightforward civil disputes involving modest amounts. Each province sets its own monetary jurisdictional limit—ranging from $15,000 in Prince Edward Island to $35,000 in British Columbia—as outlined in provincial Small Claims Court Acts.

You must file your claim within the applicable limitation period, typically two years from when you discovered (or ought to have discovered) the injury, per section 4 of the Ontario Limitations Act, 2002, or section 6(1) of BC’s Limitation Act, SBC 2012, c 13. Some provinces, like Alberta, apply a two-year basic limitation period under the Limitations Act, RSA 2000, c L-12, s 3(1).

Statutory Text

A person must not commence a proceeding in respect of a claim after the expiry of the basic limitation period of 2 years.

— Ontario Limitations Act, 2002, s 4

Statutory Text

The limitation period for an action in tort is two years after the claimant first knew or ought to have known that the injury occurred.

— British Columbia Limitation Act, SBC 2012, c 13, s 6(1)

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