The appellants appealed the dismissal of their action for battery and breach of good faith against their insurer and an independent chiropractor.
The appellant alleged she suffered a vertebrobasilar artery injury due to an unconsented procedure during an independent chiropractic examination arranged by her insurer.
The Court of Appeal upheld the trial judge's finding that the appellant failed to prove the chiropractor performed the alleged procedure.
The Court also found that the appellant had impliedly consented to the examination by attending without objection, and that the insurer's failure to inform her she could refuse attendance did not vitiate this consent or constitute a breach of good faith.
