What is the test for determining whether a plaintiff has unreasonably failed to take steps that would have reduced her damages?
British Columbia, Canada
The following excerpt is from Dhaliwal v Kublick, 2019 BCSC 1285 (CanLII):
The defendants bear the onus of establishing that the plaintiff has unreasonably failed to take steps that would have reduced her damages: Mullens v. Toor, 2016 BCSC 1645, aff’d 2017 BCCA 384.
"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
What is the test for determining whether a plaintiff has failed to mitigate damages in a personal injury case? (British Columbia, Canada)
What is the test to apply in determining whether damages should be reduced to account for a plaintiff’s failure to mitigate? (British Columbia, Canada)
Does a plaintiff have an obligation to reduce their damages by reducing the damages in the context of a claim? (British Columbia, Canada)
What is the test for determining whether a plaintiff has failed to take reasonable steps to mitigate her loss? (British Columbia, Canada)
What is the test for determining whether a plaintiff acted unreasonably in failing to obtain the recommended treatment? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to full compensation for non-pecuniary damages? (British Columbia, Canada)
How is mitigation of damages determined when a plaintiff fails to follow a personal trainer's advice? (British Columbia, Canada)
What factors will be considered in determining whether a plaintiff would have continued to work, or not? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the reasonableness factor in determining whether a plaintiff would have accepted an offer to settle? (British Columbia, Canada)
