What is the test for placing a plaintiff on the floor of a vehicle with no seat restraints?

In the case Iannone v. Hoogenraad (1990) B.C.C.J. No. 2311 (B.C.S.C.), the plaintiff was seated in the back of a Blazer type vehicle on the floor, the back seats having been removed with no restraining devices available. All of the front passenger seats had been taken and the only location in the vehicle available to him was on the floor behind the front seats. The test is whether it was reasonable for him to elect to sit in a particular location despite the absence of adequate restraints in the location rather than refuse to continue the trip. It was the only realistic alternative that the plaintiff had for returning home. He had no money for cab fare and this was the only ride available to him from the Vancouver football stadium back to White Rock and it was not realistic to call his father or brother to pick him up.