Is impecuniosity accepted as a counter-defence to the defence of failure to mitigate in the context of motor vehicle personal injury?

British Columbia, Canada


The following excerpt is from Spurgeon v. Smith, 2009 BCSC 1526 (CanLII):

Finally, in Quinlan v. Quaiscer, 2008 BCSC 1288, impecuniosity was also accepted by Cole J. as a counter-defence to the defence of failure to mitigate in the context of motor vehicle personal injury, at para. 52.

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