What is the test for a defence of failure to mitigate?
British Columbia, Canada
The following excerpt is from Deng v Malhotra, 2022 BCSC 101 (CanLII):
The case often cited as setting out the test for the defence of failure to mitigate is Chiu v. Chiu, 2002 BCCA 618. At para. 57 the court put it in these terms:
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