What is the test for determining whether a plaintiff has failed to take reasonable steps to mitigate her loss?
British Columbia, Canada
The following excerpt is from Vo v Navarro, 2021 BCSC 1534 (CanLII):
The onus of establishing that the plaintiff has failed to take reasonable steps to avoid or mitigate her loss lies on the defendant. The defendant must prove both that the plaintiff acted unreasonably in refusing treatment and the extent to which the plaintiff's damages would have been reduced had she acted reasonably: Chiu v. Chiu, 2002 BCCA 618 at para. 57.
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