What is the test for mitigation in a personal injury case?

British Columbia, Canada


The following excerpt is from Stull v. Cunningham, 2013 BCSC 1140 (CanLII):

At paragraph 24, the court stated: As a general rule, a plaintiff will not be able to recover for those losses which he could have avoided by taking reasonable steps. Where it is alleged that the plaintiff has failed to mitigate, the burden of proof is on the defendant, who needs to prove both that the plaintiff has failed to make reasonable efforts to mitigate and that mitigation was possible (Red Deer College v. Michaels, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324). At paragraph 25, the court concluded by stating: Mitigation is a doctrine based on fairness and common sense, which seeks to do justice between the parties in the particular circumstances of the case.

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