While she had had a few drinks that evening, she was not
intoxicated. When it was time for the four men to leave, Elaina
Stewart arranged for her future husband, her future father-in-law and two friends to take a taxi home. She knew they were
intoxicated and tired.
 A taxi cab was called.
 Elaina Stewart ensured that the four men got into the
Yaxley taxi cab. She ensured that the taxi cab driver received
payment for the fare. She ensured the taxi driver had the destination address.
 Elaina Stewart saw Mr. Stewart get into the front seat of
the taxi cab and buckle his seat belt. She saw Jacob Stewart put
his seat belt on. Mr. Burrows was very intoxicated, so Elaina
Stewart put his seat belt on for him. She saw Mr. Gazen put his
seat belt on. Elaina Stewart checked to make sure everyone was
seat belted before the taxi cab left the restaurant/bar.
 When the taxi cab left, Elaina Stewart needed to salt the
area as it was freezing. Since she had to be back at the restaurant/bar early in the morning, she decided to sleep in her office
 Mr. Yaxley knew that the four men he picked up were
intoxicated. Mr. Yaxley did not check or take any steps to ensure
that the four passengers were seat belted. Mr. Yaxley couldn’t be
“100%” sure whether Mr. Stewart was buckled. During the trip,
Mr. Stewart was going in and out of consciousness/sleeping.
 Mr. Yaxley’s understanding is that it is an adult’s responsibility to buckle their seat belt in his taxi cab.
 The taxi cab has a “belt minder” system where a chime
goes off and a light flicks on the dashboard when the front driver
and front passenger are not buckled. The “belt minder” stops
making a chime after five minutes. It should also be noted that
the “belt minder” system can be disabled for a particular trip or
disabled permanently. There is no evidence whether either was
done in the Yaxley taxi cab.
 As for the front passenger’s seat, Mr. Yaxley testified that
he did not recall the belt minder “going off” as a result of
Mr. Stewart’s failure to be seat belted. However, had it gone off,
Mr. Yaxley would have requested Mr. Stewart to put on his
seat belt to avoid the annoying noise of the chime. The fact that
Mr. Yaxley does not recall the chime going off and telling
Mr. Stewart to do his seat belt when he left the restaurant/bar is
consistent with Elaina Stewart's evidence that Mr. Stewart was
seat belted when the taxi cab left the restaurant/bar.