What is the test for a plaintiff to mitigate their damages in a personal injury action?
British Columbia, Canada
The following excerpt is from Bahniwal v Johal, 2021 BCSC 269 (CanLII):
The plaintiff has a duty to take reasonable steps to mitigate her damages. The onus to prove a failure to mitigate is on the defendants who must show not only that the plaintiff failed to follow a course of treatment recommended to her, but that her failure was unreasonable and that had she done so, her damages would have been reduced: Gregory v. ICBC, 2011 BCCA 144 at para. 53.
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