What is the range of damages awarded to an injured party for failing to mitigate their injuries?
Alberta, Canada
The following excerpt is from Kassian v. Roy, 2008 ABQB 80 (CanLII):
Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146, 16 D.L.R. (4th) 1 set the approach to instances where an injured party had failed to mitigate their injuries. Here, an injured worker chose to take no action when the worker might have obtained a treatment that was estimated to have a 70 percent chance of proving complete relief from the consequences of an injury. Accordingly, the court reduced the damages awarded by 70 percent.
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