What is the test for a plaintiff to mitigate damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Jacobs v Basil, 2017 BCSC 1339 (CanLII):
The defendants submit that the plaintiff has failed to mitigate his damages. A defendant who alleges a failure to mitigate must prove on a balance of probabilities that the injured plaintiff failed to take reasonable steps to reduce her loss and that if she had taken such steps the loss would have been reduced: Chiu v. Chiu, 2002 BCCA 618, at para 57.
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