What is the burden of a defendant in a personal injury action?
British Columbia, Canada
The following excerpt is from Johal v Fazli, 2021 BCSC 1896 (CanLII):
The defendant bears the burden of establishing on a balance of probabilities: (1) that there were steps the claimant reasonably could have taken to mitigate; and (2) the extent, if any, to which the loss would have been avoided by taking those steps: Chiu v. Chiu, 2002 BCCA 618 at para. 57.
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