Question
This is a business Law question requiring a memorandum that analyses the legal issues in the situation and provides preliminary concluson and advice. It also
This is a business Law question requiring a memorandum that analyses the legal issues in the situation and provides preliminary concluson and advice. It also asks to explain what ADR(alternative dispute resolution) means and how will you apply to this situation with conclusion and advice?
Streetsville Skin Clinic Inc. ("SSCI") is located at 17 Thomas Street in Mississauga. All the shares of SSCI are owned by Dr. Romo-Stripling. Dr. Romo-Stripling practices as a dermatologist at a medical office located near Square One in Mississauga. SSCI provides laser hair removal. In Ontario, laser hair removal is not considered a medical procedure that is covered by OHIP. If an individual would like laser hair removal, they must pay for it themselves. It is not regulated by the government or medical profession and the work is completed by a technician at a clinic who would, in the case of SSCI, be trained to use the LightSheer hair removal laser. Caroline Garcia, age 31, is divorced from her first husband and has sole custody of her two children, Alejandro, age 9, and Gabriel age 7. Caroline works at a bank as a customer representative and earns $60,000 per annum. Caroline has been dating Tim Mayza, a VP at a manufacturing company in Oakville who earns $320,000 per annum. The two of them have a very active relationship and recently have agreed to get married. Caroline recently brought Alejandro to see Dr. Romo-Stripling at her medical office regarding what appeared to be early indications of acne. While there, Caroline saw a brochure in the reception area about SSCI. Caroline asked Dr. Romo-Stripling if she thought that given her darker skin tone, if she would be a candidate for some hair removal above her upper lip. Dr. Romo-Stripling thought that she would be a good candidate and suggested that if she was interested that she should make an appointment with SSCI. Dr. Romo-Stripling mentioned that it would likely take a number of sessions to remove the facial hair. Caroline made an appointment and attended at SSCI. At her first appointment, she was advised and agreed:
- The goal of the treatment is improvement not perfection. I understand there will be some hair left over at the end of my treatments.
- Studies have shown that Light Sheer treatments have a low incidence of complications, but complications are possible.
- I agree to not tan while undergoing laser treatments as that may impede the treatment success. I agree to protect my skin with a minimum SPF of 30.
The first and second treatments went forward without any issues. At the third and what was supposed to be the final treatment, the SSCI technician, Deborah Bichette, did not ask Caroline if she had been exposed to the sun in the past two weeks, which she had, but did not disclose. Deborah proceeded to complete the laser treatment. During the treatment, Caroline complained of pain, but Deborah continued. Caroline now claims that she has been disfigured. She states that the skin above her upper lip is permanently lighter than the rest of her face and that what she refers to as "scarring" appears as if she has suffered from leprosy. Leprosy is of special concern to Caroline given her pre-existing cultural beliefs and the country in which she was originally born and raised. She says that Deborah and the other technicians during her first two visits should have used a lower level of laser energy given her skin darkness. She says that when she complained of pain that the technician should have stopped the procedure and taken special care to cool her skin. She is now ashamed to be seen in public. Caroline goes on to state that she is ashamed to be seen in public. After the treatment, she no longer wanted her fianc Tim, to look at her. She is uninterested in sexual intimacy. She does not want to attend parent-teacher events at her children's school. Recently, Tim has called off the engagement, claiming that, "Caroline no longer shows any feeling for me.". Caroline is depressed as a marriage to Tim would have resulted in a very stable "family unit" for her and her children, given Tim's financial circumstances. SCCI claims that everything was done correctly with the laser. The SCCI technicians acknowledge that perhaps if they were doing this again, they could have done some further skin patch tests on Caroline, but state that this is not the normal practice and that they feel everything proceeded as "normal". The lawyer for SCCI has proposed that the parties consider alternative dispute resolution (ADR) as a means to move forward.
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