How is mitigation of damages determined when a plaintiff fails to follow a personal trainer's advice?
British Columbia, Canada
The following excerpt is from Job v. Van Blankers, 2009 BCSC 230 (CanLII):
In Antoniali v. Massey, 2008 BCSC 1085, Mr. Justice Preston addressed the issue of mitigation of damages at ¶29-50. In that case, the defendants established that the plaintiff unreasonably failed to embark on an exercise program under the guidance of a personal trainer to rehabilitate herself and reduce or eliminate the continuing effect of her injuries.
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