The eight-year-old appellant was severely injured in a motor vehicle accident while riding as a passenger in a truck driven by the respondent.
The appellant was not wearing a seat belt, and the respondent driver had not instructed him to do so because the appellant's father was also a passenger in the vehicle.
The trial judge and Court of Appeal found that the respondent owed no duty of care to the child regarding the seat belt due to the father's presence.
The Supreme Court of Canada allowed the appeal, holding that a driver owes a duty of care to passengers under 16 to take reasonable steps to ensure they wear seat belts, and this duty is not negated by the presence of a parent.
