Braces defence and counterclaim

Insofar as it was oral it was constituted by a

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plaintiff’s solicitors during ordinary business hours by appointment. Insofar as it was oral, it was constituted by a conversation between the plaintiff and defendant at the plaintiff’s offices on 25 April 1999. The substance of the conversation was that the work was to be completed by July 2000, the braces would be clear and would not adversely affect the defendant’s speech. 7. In breach of the retainer agreement, the orthodontic services were not completed as agreed. Particulars (a) the braces that were fitted were not clear, (b) In June 1999, the defendants speech was severely affected as a result of her braces, (c) The braces were not removed until 30 August 2000, (d) The defendant’s teeth were chipped when the braces were removed. 8. By reason of the matters referred to in paragraphs 6 and 7, the defendant has suffered loss and damage. PARTICULARS (a) loss of advertising contract -$200,000 (b) loss of future earnings in legal practice (c) shortened root endings requiring two root canal procedures: $10,000 (d) pain and suffering 9. Further and alternatively, by reason of the retainer agreement referred to in paragraph 6, the plaintiff owed the defendant a duty of care to provide orthodontic services in a competent professional manner.
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