What is the burden of proving a plaintiff failed to mitigate?

British Columbia, Canada


The following excerpt is from Corrado v. Mah, 2006 BCSC 1191 (CanLII):

The defendant submits that the award of damages should reflect a failure on the part of the plaintiff to mitigate. The defendant has the burden of proof that the plaintiff failed to fulfill his duty to mitigate: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146.

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