The background to the MVA
 This motor vehicle accident occurred on Sunday, November
28, 2010 at approximately 2:18 a.m. It was a cold, snowy night.
The roads were wet, possibly icy.
 Kelly Stewart (“Mr. Stewart”) and three other men had
been to a stag and doe party at a restaurant/bar. There had been
considerable consumption of alcohol that evening. At about 2:00
a.m., Mr. Stewart, his son Jacob Stewart, Jeffrey Gazen and Doug
Burrows decided to go home by a taxi cab. A taxi cab was called.
The four men were intoxicated. Mr. Stewart was very intoxicated.
 Yaxley (“Mr. Yaxley”) was the taxi cab driver. Liftlock Coach
Lines Limited (“Liftlock”) was the owner of the taxi cab. Mr.
Yaxley and Liftlock are hereafter jointly referred to as “Yaxley”.
 Mr. Yaxley accepted the fare. Mr. Stewart sat in the front
passenger seat of the taxi cab. The other three men sat in the
rear seat of the taxi cab.
 As Mr. Yaxley was driving towards the passengers’ destination, at about 2:18 a.m., the Ryan vehicle drove through a stop
sign. The Ryan vehicle “t-boned” the taxi cab. The taxi cab hit
several poles and slid down an embankment. This was a very
serious motor vehicle accident (the “MVA”).
 The passengers in the taxi cab were hurt. Mr. Stewart was
 Numerous actions were commenced regarding this MVA.
The settlements and the agreement
 By the time this proceeding got to trial, only one issue
remained to be decided. The sole issue to be tried was whether
Yaxley has any joint and several liability for the injuries sustained
by Mr. Stewart.
 The issue to be decided impacts Novex Insurance Company
(“Novex”), the insurer who provided uninsured and underinsured
insurance to Mr. Stewart.
 The parties entered into a written agreement regarding
the issue to be tried (the “agreement”). The agreement set out
certain agreed facts:
(a) Yaxley did not cause or contribute to the MVA;
(b) Mr. Stewart was not wearing a seat belt at the time of the
(c) Mr. Stewart’s injuries were more serious than they would have
been had he been wearing a seat belt at the time of the MVA.