Expectations, representations, reliance in this case
I. There is no evidence of any expectation by
Mr. Stewart that Yaxley is to protect him from
injury by ensuring he was and would remain
buckled during the fare
 Mr. Stewart gave no evidence on this issue. Mr. Yaxley’s
evidence did not touch on this issue.
 Novex’s submission essentially would require this court
to infer such an expectation of all intoxicated adult passengers
who enter taxi cabs. There is no evidentiary basis to find such an
expectation or to infer such an expectation arises, either generally
or specifically by Mr. Stewart.
 In this case, there is no evidence that Mr. Stewart, as
a result of his self-induced intoxication, expected that the taxi
driver would take steps to protect him from injury in the event of
II. There is no evidence of any representation
by Yaxley that it would take steps to protect
Mr. Stewart from injury by ensuring he was and
 A taxi driver does not, without something more, assume
a responsibility that an adult passenger is and remains buckled
simply by accepting the fare.
 In this case, there is no evidence of any representation,
express or implied, that Yaxley would, if Mr. Stewart was intoxicated, take steps to protect Mr. Stewart from injury by ensuring
he was and would remain seat belted during the fare.
III. There is no evidence of reasonable reliance by
Mr. Stewart that Yaxley would ensure he was and
would remain buckled during the fare
 Reasonable reliance is an important factor. As described
in Childs [at para. 40]:
Finally, the theme of reasonable reliance unites examples in all three cate-
gories. A person who creates or invites others into a dangerous situation, like
the high-risk sports operator, may reasonably expect that those taking up the
invitation will rely on the operator to ensure that the risk is a reasonable one
or to take appropriate rescue action if the risk materializes. Similarly,
a teacher will understand that the child or the child’s parents rely on the
teacher to avoid and minimize risk. Finally, there is a reasonable expectation
on the part of the public that a person providing public services, often under
licence, will take reasonable precautions to reduce the risk of the activity, not
merely to immediate clients, but to the general public.