What is the test for establishing a failure to mitigate?
British Columbia, Canada
The following excerpt is from Chong v Nguyen, 2017 BCSC 1564 (CanLII):
The onus of establishing a failure to mitigate is on the defendants. To discharge that onus the defendants must establish the steps a plaintiff could have taken to mitigate her loss, that it would have been reasonable for the defendant to take such steps and the extent to which the plaintiff’s loss would have been avoided had she taken the steps: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146.
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