Does a plaintiff have a duty to mitigate their damages by seeking a line of work that can be pursued in spite of their injuries?
British Columbia, Canada
The following excerpt is from Hinagpis v Adaza III, 2019 BCSC 880 (CanLII):
In Parypa v. Wickware, 1999 BCCA 88 at para. 67, the court stated that there is a duty on a plaintiff to mitigate his damages by seeking, if at all possible, a line of work that can be pursued in spite of his injuries: See also Graham v. Rogers, 2001 BCCA 432 (leave to appeal to S.C.C. refused, [2001] S.C.C.A. No. 467).
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