What is the test for determining whether a plaintiff acted unreasonably by not pursuing a recommended treatment?
British Columbia, Canada
The following excerpt is from Lally v. He, 2016 BCSC 2187 (CanLII):
In order to establish that a plaintiff has failed to mitigate by not pursuing recommended treatment, the defendant must prove, on a balance of probabilities, that the plaintiff acted unreasonably and also the extent to which the plaintiff's damages would have been reduced had the plaintiff undergone the treatment in question: Chiu v. Chiu, 2002 BCCA 618 at para. 57.
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