Does a plaintiff have to mitigate their damages by not following their doctor’s recommendations that they attend physiotherapy and strengthen their core muscles by following a personal trainer?

British Columbia, Canada


The following excerpt is from Smith v. Both, 2013 BCSC 1995 (CanLII):

The plaintiff in Manson v. Kalar, 2011 BCSC 373 faced a similar claim that he had failed to mitigate his damages by not following his doctor’s recommendations that he attend physiotherapy and strengthen his core muscles by undergoing an exercise program under the supervision of a personal trainer. Although he attended some physiotherapy, he did not undertake any kind of exercise program, nor did he take another form of treatment, such as chiropractic, acupuncture, or massage therapy. Nevertheless, in the absence of any certainty that the recommended course of treatment would have reduced the plaintiff’s pain, the court rejected the defendant’s claim of failure to mitigate damages.

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