What is the test for a party alleging a failure to mitigate to avoid loss?
British Columbia, Canada
The following excerpt is from Gascoigne v Desjardins Financial Security Life Assurance Company (Desjardins Insurance), 2019 BCSC 1241 (CanLII):
The onus is on the party alleging a failure to mitigate to establish that a plaintiff failed to take all reasonable steps to avoid the loss: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146 at 163.
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