What is the burden of proving a defendant failed to mitigate for a plaintiff in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Zigawe v. Rance, 2009 BCSC 1816 (CanLII):
The defendant bears the burden of proving a failure to mitigate (Graham v. Rogers, 2001 BCCA 432, 90 B.C.L.R. (3d) 69), and must establish the plaintiff failed to take reasonable steps to mitigate her loss and injury.
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