A taxi driver is not required by law to be buckled. Mr.
Yaxley used a “dummy belt” to prevent the belt minder from
going off with respect to the driver’s seat.
 During the taxi cab ride, one of the rear passengers said he
was going to be sick. Mr. Yaxley pulled over. This was an
unscheduled stop. The rear passenger got out. He returned to the
taxi cab a short time later. There is no evidence that Mr. Stewart
got out of the taxi cab at this unscheduled stop or that Mr. Stewart unbuckled his seat belt at this time. Prior to continuing with
the fare, Mr. Yaxley did nothing to ensure that Mr. Stewart was or
remained seat belted.
 Mr. Yaxley continued to drive the four men to their destination. Within minutes of the unscheduled stop, while driving
with the right of way through an intersection, Jeremiah Ryan
drove through a stop sign and hit the taxi cab broadside. The taxi
cab hit several poles, went down an embankment and came to
 Mr. Stewart was seriously hurt.
The Position of the Parties
 Novex submits that Yaxley owed a duty of care to Mr.
Stewart because it was apparent to Mr. Yaxley that Mr. Stewart
was intoxicated (and therefore a vulnerable individual who could
not care for himself). The alleged duty of care owed is to ensure
Mr. Stewart was and remained seat belted
(a) when they left the restaurant/bar;
(b) after the unscheduled stop to permit one of the rear passen-
gers to exit the vehicle; and
(c) during the balance of the fare, including when the MVA
 Yaxley submits that a taxi driver owes no such duty of care
to adult passengers, such as Mr. Stewart, whether intoxicated or
not, to ensure that they buckle their seat belts and remain seat
belted during the fare.
 There are several statutory provisions in s. 106 of the
Highway Traffic Act, R.S.O. 1990, c. H.8 that may bear on the
responsibility of passenger’s use of seatbelts.
106(3) Every person who is at least 16 years old and is a passenger in
a motor vehicle on a highway shall,