What is the burden of proving that a plaintiff has failed to mitigate their damages?
Ontario, Canada
The following excerpt is from Arnone v Best Theratronics Ltd., 2014 ONSC 4216 (CanLII):
The defendant has an onerous burden of proof to demonstrate that the plaintiff has failed to mitigate his damages. (See Red Deer College v. Michaels, [1976] S.C.R. 234 at paragraph 11).
"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 burden of proof for a plaintiff to mitigate damages? (Ontario, Canada)
Does a plaintiff have a burden of proving that they were involved in a conspiracy against each other? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
In what circumstances will a plaintiff be awarded damages for damages that would otherwise have been awarded in the context of a claim for wrongful dismissal? (Ontario, Canada)
What is the obligation of a plaintiff to mitigate their damages by undergoing a reasonable course of medical treatment? (Ontario, Canada)
What is the burden of proving malicious prosecution and negligent investigation against a plaintiff? (Ontario, Canada)
Does a plaintiff have to prove a breach of fiduciary duty to a third party to recover damages? (Ontario, Canada)
What is the burden of proving that a plaintiff is entitled to an exception in a motor vehicle accident case? (Ontario, Canada)
What is the duty of a plaintiff to mitigate the damages of a defendant in a tort action? (Ontario, Canada)
Can a plaintiff recover damages from an independent contractor for failing to complete repairs to a client’s car? (Ontario, Canada)
