What is the test for a plaintiff to mitigate by refusing to undergo medical treatment?
British Columbia, Canada
The following excerpt is from Yip v. Saran, 2014 BCSC 1283 (CanLII):
The test for a failure to mitigate by refusing to undergo medical treatment is summarized in Fox v. Danis, 2005 BCSC 102, aff’d 2006 BCCA 324, as follows (at paras. 35 and 37):
There is no dispute that every plaintiff has a duty to mitigate his/her damages, and that the burden of proving a failure to fulfil that duty rests with the defendant, the standard of proof being the balance of probabilities: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146. . . .
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