Can a bus driver be held liable if a passenger is injured or falls from her seat as the rear wheels wander over the curb?

In Whey v. Halifax (Regional Municipality), 2005 NSSC 348, the passenger was thrown from her seat into the aisle as the right rear bus wheels wandered over the curb when the bus manoeuvred right. For much of the trip, the driver had been subjected to verbal abuse from a third party sitting at the front of the bus. The court found that the verbal attack had upset the driver, and that he had been careless and distracted by it as he took the corner at too fast a speed. Concluding, at para. 102, that the manner of driving did not fall within the category of normal “jerks, jolts, lurching or movements” of a public transit bus, the driver was held liable.