What is the test for a plaintiff to mitigate her damages?
British Columbia, Canada
The following excerpt is from Johal v. Meyede, 2013 BCSC 2381 (CanLII):
As noted, the defendants pleaded that the plaintiff failed to mitigate her damages. The defendants have the onus of proving that the plaintiff failed to mitigate. In order to do so, the defendants must show that the plaintiff failed to undertake recommended treatment, that the treatment would have worked, and that any refusal was unreasonable: Chiu v. Chiu, 2002 BCCA 618.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a plaintiff have to mitigate their damages by not following their doctor’s recommendations that they attend physiotherapy and strengthen their core muscles by following a personal trainer? (British Columbia, Canada)
What is the test to apply in determining whether damages should be reduced to account for a plaintiff’s failure to mitigate? (British Columbia, Canada)
Is a plaintiff entitled to recover damages from a defendant for damage caused to his back? (British Columbia, Canada)
What is the test for a defendant to prove that a plaintiff has not mitigated their damages? (British Columbia, Canada)
How is mitigation of damages determined when a plaintiff fails to follow a personal trainer's advice? (British Columbia, Canada)
Is a plaintiff unable to mitigate his damages by purchasing a substitute home? (British Columbia, Canada)
Is a plaintiff entitled to be treated as a thin-skulled plaintiff for the purpose of damage assessment? (British Columbia, Canada)
Does a delay between a doctor’s recommendation that a plaintiff need physiotherapy and rehabilitation program mitigate her damages? (British Columbia, Canada)
What is the range of damages for damages awarded to a plaintiff who was injured in a dispute with her neighbour over noise and/or nuisance? (British Columbia, Canada)
What is the current state of the law on a claim that a plaintiff has failed to mitigate her damages? (British Columbia, Canada)
