In a personal injury action, does a defendant have a positive duty to limit their losses?

British Columbia, Canada


The following excerpt is from Harris v Teo, 2019 BCSC 1631 (CanLII):

In personal injury actions, plaintiffs have a positive duty to limit their losses and where a defendant proves the plaintiff unreasonably failed to do so, the plaintiff’s damages will be reduced accordingly: Paschalidis v. Stutely, 2013 BCSC 1611 at para. 130, citing Graham v. Rogers, 2001 BCCA 432, leave to appeal to S.C.C. ref’d, [2001] S.C.C.A. No. 467.

Other Questions


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)
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)
What is the limitation of an action for damages in personal injury after the expiration of s.3(2) of the Limitation Act? (British Columbia, Canada)
Can a plaintiff in a personal injury action limit their losses? (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)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Can a defendant in a personal injury action make use of a medical report and clinical report obtained from an earlier and by then settled wrongful dismissal action? (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)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.