What is the duty of a plaintiff to mitigate in a personal injury action?
British Columbia, Canada
The following excerpt is from Collyer v. Boon, 2008 BCSC 1745 (CanLII):
The plaintiff’s duty to mitigate in the personal injury context was outlined in Graham v. Rodgers, 2001 BCCA 432, 90 B.C.L.R. (3d) 69 at para. 35, leave to appeal dismissed, [2001] S.C.C.A. No. 467: Mitigation goes to limit recovery based on an unreasonable failure of the injured party to take reasonable steps to limit his or her loss. A plaintiff in a personal injury action has a positive duty to mitigate but if a defendant's position is that a plaintiff could reasonably have avoided some part of the loss, the defendant bears the onus of proof on that issue.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
What is the test for a plaintiff to mitigate damages in a personal injury action? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What is a plaintiff's duty to mitigate their loss in a personal injury action? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
What is a plaintiff's duty to mitigate in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
