What is the test for a defence of mitigation defence based on the recommendations made by the Court of Appeal?

British Columbia, Canada


The following excerpt is from Trusty v Hatch, 2021 BCSC 618 (CanLII):

A defendant can satisfy its burden to establish failure to mitigate by inference, but there must be evidence sufficient to allow for reasonable inference; speculation will not suffice: Chiu v. Chiu, 2002 BCCA 618 at para. 66; Rahimi at para. 67. In some circumstances, it may be possible to draw the reasonable inferences required to establish the defence from the terms of the recommendations made: Rahimi at paras. 67–73.

Other Questions


Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
In paragraph 81 of the Supreme Court of Canada's Appeal Court of Appeal, in the context of sentencing, what is the effect of the sentence on the offender's moral blameworthiness? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
What are the principles used by the Court of Appeal in making an order to refer the issue to the Superior Court of Justice? (British Columbia, Canada)
What is the effect of the Court of Appeal of the Supreme Court of Canada's most recent decisions on same sex discrimination? (British Columbia, Canada)
What are the grounds for appeal against a decision by a judge at the Court of Appeal to overturn a support order? (British Columbia, Canada)
What factors will be considered by the Court of Appeal for an appeal against the findings of fact? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.