Does a plaintiff have a duty to mitigate their losses in a personal injury action?
British Columbia, Canada
The following excerpt is from Bradshaw v. Matwick, 2009 BCSC 564 (CanLII):
A plaintiff in a personal injury action has a duty to mitigate his or her losses. The onus of proving that a plaintiff failed to take reasonable steps to mitigate his or her losses lies with the defendant: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146, 16 D.L.R. (4th) 1.
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