What is the test for making reasonable efforts to mitigate damages in a personal injury action?

Ontario, Canada


The following excerpt is from Bowman v. Martineau, 2020 ONCA 330 (CanLII):

The respondents were required to make reasonable efforts to mitigate their damages. It is the appellants’ onus to demonstrate they failed to do so: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146, at p. 163. I see no error in the trial judge’s conclusion that the appellants did not meet that onus. The trial judge’s determination of the mitigation issue was reasonable in the circumstances of this case. His conclusion is therefore entitled to deference on appeal.

Other Questions


Is a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
What are the principles of mitigation of damages in a personal injury action? (Ontario, Canada)
What is the test for making a reasonable offer before trial in a personal injury action? (Ontario, Canada)
What is the test for damages for non-pecuniary damages in a personal injury action? (Ontario, Canada)
Can a plaintiff recover damages and costs from a defendant who has been successful in a personal injury action? (Ontario, Canada)
What is the proper remedy for a plaintiff in a personal injury action for damages in excess of the monetary jurisdiction of the Court of Appeal? (Ontario, Canada)
What is the timetable for making costs submissions in a personal injury action against TD Insurance? (Ontario, Canada)
What are the deadlines for the release of reasons for judgment in a personal injury action? (Ontario, Canada)
What are the damages for damages for loss of capital loss and loss of value in a personal injury case? (Ontario, Canada)
Is an applicant entitled to compensation for loss of employment due to the employer’s failure to mitigate her loss by making reasonable efforts to obtain suitable employment? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.