that seat belts were not in use at the time of the accident.
Therefore, it is difficult to rely on Mr. Paquette’s conclusion that
he arrived at based on the lack of “loading marks” on the rear
passenger seat belts.
Dr. Corbett’s testimony
 Dr. Corbett testified that, at the time of the MVA,
Mr. Stewart had a blood alcohol level of between 223 to 327 mg of
alcohol in 100 ml of blood. Mr. Stewart was very intoxicated.
Mr. Yaxley’s testimony
 Mr. Yaxley gave clear, believable evidence. I find it reliable.
He did not exaggerate or give evidence that was biased in his
favour. I accept his evidence.
Elaina Stewart’s testimony
 As set out below, I accept the evidence of Elaina Stewart.
Elaina Stewart’s evidence was unshaken in cross-examination.
 The inconsistencies in Elaina Stewart’s evidence suggested
by Novex’s counsel relate to minor, largely irrelevant matters and
do not go to the heart of her evidence — Mr. Stewart was wearing
a seat belt at the time the taxi cab left the restaurant/bar.
 When cross-examined as to why she could be so certain
that the four men were buckled, Elaina Stewart explained
a friend died because he was not buckled. This was a very credible
explanation for her clear recollection of her significant evidence
on ensuring the four men were buckled when they left the restaurant/bar. I accept her evidence.
Jacob Stewart’s testimony
 There are inconsistencies in Jacob Stewart’s testimony.
 He “believed” all four men were wearing seat belts that
night. He testified he saw seat belt type injuries on Mr. Stewart at
the hospital. However, this is inconsistent with the agreed fact
that Mr. Stewart did not have his seat belt on at the time of the
MVA. This raises questions regarding the reliability of Jacob
 Jacob Stewart's evidence was also inconsistent, at times,
as to his location in the rear seat of the taxi cab during the
 I have concerns regarding Jacob Stewart’s testimony.
However, Jacob Stewart’s evidence did not impact on the ultimate
decision in this case.