Can a failure to mitigate cause depression and anxiety?
Ontario, Canada
The following excerpt is from Ksiazek v. Newport Leasing Ltd., 2006 CanLII 36958 (ON SC):
Depression and anxiety from persistent pain resulting from a failure to mitigate cannot be said to have been pre-existing and do not excuse a failure to mitigate: White v. Slawter, supra at para 90.
If the symptoms would have been reduced by a determined percentage had the recommended treatment been followed, then damages should be reduced by that percentage if treatment is not followed: Peloso v. 778561 Ontario Inc., [2005] O.J. No. 2489 (S.C.J.). ii) Schooling/Training
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