I conclude that there is no positive duty on a taxi cab
driver to ensure that vulnerable adult passengers are or remain
buckled. As applied to this case, I find that there is no duty of
care on Yaxley to have ensured that Mr. Stewart buckled his seat
belt at the commencement of the fare and remained buckled during the entirety of the trip until the MVA.
 In any event, even if there had been a duty of care
on Yaxley, the duty would have required Mr. Yaxley to advise
Mr. Stewart to buckle his seat belt after he entered the taxi cab.
In this case, Mr. Stewart was buckled when he got into the taxi
cab. As such, Yaxley would not have breached any standard of
care or caused any injury to Mr. Stewart from his failure to
ensure Mr. Stewart was buckled at the commencement of
 Any party seeking costs shall serve and file written submission on entitlement and quantum within three weeks of the
release of these reasons. Written submissions shall be limited to
five pages, with attached costs outline and any authorities.
 Any responding party shall have two weeks thereafter to
serve and file responding submissions. Written submissions shall
be limited to five pages with any authorities relied on attached.
 There shall be no reply submissions without leave.
Prescott et al. v. Barbon et al.; Economical Insurance
[Indexed as: Prescott v. Barbon]
2018 ONCA 504
Court of Appeal for Ontario, Watt, Pepall and B. W. Miller JJ.A.
June 1, 2018
Civil procedure — Administrative dismissal — Setting aside — Plaintiffs’ action dismissed as abandoned in August 2011 pursuant to rule
48.15 of Rules of Civil Procedure — Plaintiffs moving in February 2014
to set aside dismissal — Master erring in taking into account fact that
rule 48.15 had been repealed by the time motion was heard and in finding that delay in moving to set aside was not inordinate owing to subsequent amendments to rule 48.14 — Master also erring in finding that
defendants were at fault for not filing defence — Master’s finding that