What is the test for a defendant to establish that a plaintiff has failed to mitigate her loss?
British Columbia, Canada
The following excerpt is from Mladjo v Etheridge, 2019 BCSC 950 (CanLII):
A defendant who wishes to establish that a plaintiff has failed to mitigate her loss must prove two things: 1) that the plaintiff acted unreasonably in eschewing the recommended treatment; and 2) the extent, if any, to which the plaintiff’s damages would have been reduced had she acted reasonably: Chiu v. Chiu, 2002 BCCA 618 [Chiu], at para. 57.
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