What is the test for a plaintiff to mitigate her losses?
British Columbia, Canada
The following excerpt is from Loveys v. Fleetham, 2012 BCSC 358 (CanLII):
The onus is on the defendant to prove her failure to mitigate her losses. They must establish, from Janaik v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146 at para. 32: (a) The steps which she ought to have pursued to avert or lessen the loss; (b) It would have been reasonable to pursue those steps; and (c) The extent to which her loss would have been reduced or avoided if she had taken the steps.
Preston J. in Antoniali v. Massey, 2008 BCSC 1085 at para. 31 outlined a framework for review of a claim that a plaintiff has failed to mitigate her damages:
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