What is the standard of proof for a plaintiff to mitigate their losses from a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Taylor v. Grundholm, 2010 BCSC 860 (CanLII):
Every plaintiff has the duty to mitigate his losses. The burden of proving failure to fulfil that duty rests with the defendant, and the standard of proof is on the balance of probabilities: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146.
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