How have the courts in BC dealt with the issue of failure to mitigate in a personal injury action?
British Columbia, Canada
The following excerpt is from Quinlan v. Quaiscer, 2009 BCSC 1288 (CanLII):
With respect to failure to mitigate, the defendants bear the onus of proof with respect to this allegation. In Graham v. Rogers, 2001 BCCA 432, 90 B.C.L.R. (3d) 69 at para. 35, the court stated: 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)
How have the courts in the Republic of Ireland dealt with the issue of personal injury cases? (British Columbia, Canada)
How have the courts in B.C dealt with an application for a stay of execution of a settlement 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)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
How have the courts dealt with motions under Rule 34 and Rule 19(24)(a) of the Rules of Civil Procedure in a personal injury action? (British Columbia, Canada)
How have courts dealt with costs issues in personal injury litigation? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (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)
