The sole issue is whether there is any liability on Yaxley
for Mr. Stewart’s failure to wear a seat belt. The determination
of this issue depends on whether Mr. Yaxley owed a duty of care
to ensure Mr. Stewart buckled his seat belt during the fare.
If there was such a duty, whether Yaxley met the appropriate
standard of care.
The Evidence Called at Trial
 Novex called the following witnesses:
(a) Mark Alexandre Paquette (collision reconstruction expert);
(b) Mark Mussington (police officer);
(c) Robert Stodola (Ford Motor Company representative);
(d) Dr. Michael Corbett (forensic toxicologist); and
(e) Jason Hope (police officer).
 Yaxley called the following evidence:
(a) Christopher Yaxley (video-taped evidence);
(b) Elaini Stewart, nee Johnson (Jacob Stewart’s now wife);
(c) Jacob Stewart (rear passenger); and
(d) Jefferey Gazen (rear passenger).
 There was also evidence read from Mr. Stewart’s examination for discovery.
Comments on the Evidence
 Some of the trial evidence, led by both parties, dealt with
whether the rear passengers of the taxi cab were seat belted
at the beginning of the trip, during the trip and at the time of
 In my view, whether some or all of the rear passengers of
the taxi cab were seat belted before, during the trip or at the time
of the MVA does not assist the determination of the issue to
 In any event, I would have found that it could not be
determined whether the rear passengers were seat belted on
at the time of the MVA and I would have found that the rear