Does a general release containing a no-claim over provision apply to a dentist?
Ontario, Canada
The following excerpt is from Fehr v. Gribilas, 2022 ONSC 275 (CanLII):
In Owen v. Zosky,[31] the plaintiff sued her former lawyer for negligently providing services in a dental malpractice case that the plaintiff settled herself with the dentist. The plaintiff and dentist signed a general release containing a no-claim-over provision. In the subsequent solicitor’s negligence action, the lawyer claimed over against the dentist. In the solicitor’s negligence action, the dentist pleaded in the main action and brought a summary judgment motion to have the action dismissed. In bringing the summary judgment motion, the dentist relied on the release between the plaintiff and the dentist, but – and this is the key to understanding the approaching zero precedential value of Owen v. Zosky – there was no motion by the lawyers as defendants to dismiss the proceedings against them based upon the release.
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