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Passengers under 16 and Seatbelts

The proper wearing of seatbelts is paramount in reducing injury in an automobile accident. The Supreme Court of Canada has recently found that the driver of an automobile must ensure that their passengers under 16 are properly wearing their seatbelts. The case of Galaske v. O’Donnell allows for potential greater recovery for our clients where there has either been a failure to wear a seatbelt or failure to wear it properly. Given that the driver is responsible, there is now another potential source of compensation where there may be catastrophic injury. On the other hand, drivers should always ensure that their passengers under 16 are properly buckled up and remain so during their voyage. The law now demands it.

At Himelfarb Proszanski, we are on top of the law to ensure that our clients maximize their settlement; just part of the Himelfarb Proszanski Advantage™.


For assistance with a personal injury and/or insurance claim, please email David Himelfarb at or call 1-855-446-7765, for a free case evaluation.

What Our Clients Say

I’d like to express my gratitude for you taking care of my car accident injury case. Your strong knowledge and experience solved this case smoothly. I don’t know what I would have done without your effort. Thank You, Best Wishes.

Lian Liu, Toronto, ON.