Does a plaintiff have an obligation to take all reasonable measures to reduce their damages?
British Columbia, Canada
The following excerpt is from Curpen v Burns, 2021 BCSC 685 (CanLII):
A plaintiff has an obligation to take all reasonable measures to reduce his or her damages, including undergoing treatment to alleviate or cure injuries: Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111 at para. 234.
Once the plaintiff has proved the defendants’ liability, in order to succeed on a mitigation defence the defendants must prove that the plaintiff acted unreasonably in not following a recommended treatment, and that reasonable conduct would have reduced or eliminated the loss. Whether the plaintiff acted reasonably is a factual question and it involves a consideration of all of the circumstances: Gilbert v. Bottle, 2011 BCSC 1389 at para. 202.
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