A Vancouver-based orthodontic firm, SmilePerfect, found itself in hot water as a dissatisfied customer, Sarah Johnson, took legal action claiming her teeth remained misaligned despite undergoing treatment.
Johnson filed a lawsuit against SmilePerfect seeking a reimbursement of $1,399.
SmilePerfect countered Johnson’s claims, arguing that she had failed to adhere to the prescribed treatment regimen and neglected to provide necessary progress photos as outlined in their refund policy.
Johnson initially engaged SmilePerfect’s services in August 2021. Following a digital simulation showcasing the projected outcome, she agreed to proceed with the treatment and paid $1,200 for the aligners.
Upon completion of the treatment, Johnson reached out to SmilePerfect expressing her dissatisfaction with the results, asserting they did not align with the initial simulation. In response, SmilePerfect attributed the relapse to Johnson’s lack of compliance and suggested further treatment at an additional cost of $499.
Opting instead for a $199 retainer, Johnson argued its perfect fit indicated her teeth hadn’t relapsed. However, the tribunal dismissed this claim due to insufficient evidence.
SmilePerfect insisted Johnson had deviated from the treatment plan by not changing aligners as prescribed every two weeks, referencing an email dated May 25, 2022, where Johnson admitted finishing treatment later than scheduled.
The tribunal, however, concluded that Johnson had indeed followed the treatment plan in place at the time of her engagement with SmilePerfect, thereby ruling in her favor.
Awarding damages amounting to the original cost of the aligners, $1,200, the tribunal also factored in tribunal fees, resulting in Johnson receiving a total of $1,407.20.
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