Does a personal trainer have been found to have failed to mitigate damages for failing to attend physiotherapy?
British Columbia, Canada
The following excerpt is from Lourenco v. Pham, 2013 BCSC 2090 (CanLII):
In Manson v. Kalar, 2011 BCSC 373 the plaintiff’s doctor recommended that he attend physiotherapy and strengthen his core muscles by undergoing an exercise program under the supervision of a personal trainer. The plaintiff did not undertake any kind of exercise program and only attended minimal physiotherapy appointments. Yet the court similarly rejected the defendant’s claim of failure to mitigate damages.
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