What is the test for wearing a seatbelt in a motor vehicle?
British Columbia, Canada
The following excerpt is from Latuszek v. Bel-Air Taxi (1992) Limited, 2009 BCSC 798 (CanLII):
The applicable law is set out in Claiter v. Rose, 2004 BCSC 50, at paras. 165 and 167. In this case, the plaintiff testified he wore his seatbelt. He had bruising on his chest consistent with having worn his seatbelt. The seatbelt was in working order. I accept his evidence that he was in fact wearing his seatbelt and I conclude that the defendant has not satisfied the burden of proving otherwise. PAST INCOME LOSS
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