British Columbia, Canada
The following excerpt is from Giczi v. Kandola, 2014 BCSC 508 (CanLII):
In Chiu v. Chiu, 2002 BCCA 618, Low J.A. explained the test to be applied in determining whether a defendant has proven a failure to mitigate. At para. 57 he wrote: … In a personal injury case in which the plaintiff has not pursued a course of medical treatment recommended to him by doctors, the defendant must prove two things: (1) that the plaintiff acted unreasonably in eschewing the recommended treatment, and (2) the extent, if any, to which the plaintiff’s damages would have been reduced had he acted reasonably. …
There are no other similar questions at this time.