What is the test for a defendant to mitigate damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Grewal v Chandi, 2021 BCSC 1200 (CanLII):
A defendant bears the onus of establishing failure to mitigate. They must show, on a balance of probabilities, that a reasonable person in the plaintiff’s position would have taken steps that reduced their damages (Gill v. Lai, 2019 BCCA 103, at para. 26).
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