What is the current state of the law on good faith decisions by a plaintiff to mitigate their loss?
British Columbia, Canada
The following excerpt is from Carver v Or, 2017 BCSC 1496 (CanLII):
The court is slow to determine that good faith decisions are unreasonable. As set out in Paniccia Estate v. Toal, 2012 ABCA 397 at para. 86: … the court only lightly reviews the decision of the person injured to try to mitigate his loss. Courts are extremely slow to criticize good-faith decisions by victims of torts about both whether to take steps in mitigation, or which steps, or how much expense or risk to incur in doing so. …
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