Jeffery Gazen’s testimony
 Like Jacob Stewart’s evidence, Jefferey Gazen’s evidence
does not impact on the ultimate decision in this case.
Mr. Kelly Stewart’s testimony
 Mr. Stewart suffered extensive injuries, including head
injuries. He was hospitalized for a considerable time.
 During his examination for discovery on October 7, 2013,
Mr. Stewart stated he was wearing a seat belt. He stated he had
bruises where the seat belt had been buckled over his body at the
MVA. Yet, the parties agreed Mr. Stewart was not buckled at the
time of the MVA. This is a significant discrepancy.
 The above leads me to conclude that Mr. Stewart’s testimony is not reliable.
The Exclusion of Novex’s Biomechanical Report
 During the course of the trial, Novex’s counsel sought to
introduce a newly obtained expert report from biomechanical
engineers. The purpose of this late expert report was to introduce
expert biomechanical evidence that the rear passengers in the
taxi cab were not wearing seat belts at the time of the MVA.
 This late expert report sought to contradict the evidence of
certain of the rear passengers who testified (or were going to testify) that they were belted and had sustained injuries consistent
with wearing seat belts at the time of the MVA.
 This court ruled that it would not grant leave under rule
53.08 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 to
introduce this late expert report. This court advised counsel it
would provide reasons in its judgment for this ruling. These are
 Novex’s counsel, like other counsel, confirmed months ago
they were ready to proceed to trial. Expert reports were
exchanged between counsel. Parties relied on the exchanged
expert reports to prepare for trial. Parties relied on the exchanged
expert reports for the examination and cross-examination of
 Nevertheless, Novex chose to retain and instruct its biomechanical expert to prepare an expert report after this trial
started. This was a short trial and the late expert report was
delivered to Yaxley’s counsel on or about the third day of trial.
 Novex was the party who first introduced the issue
of whether the rear passengers were seat belted at the time of
the MVA. It did so during the examination-in-chief of its first
witness, Mr. Paquette. Novex knew that Mr. Paquette was not