Is a plaintiff's failure to lose weight and increase her fitness level a failure to mitigate in circumstances where her injuries are not permanent?
British Columbia, Canada
The following excerpt is from Abbott v. Gerges, 2014 BCSC 1329 (CanLII):
In Robinson v. Anderson, 2009 BCSC 1450, it was held that the plaintiff’s failure to lose weight and increase her fitness level amounted to a failure to mitigate in circumstances where her injuries were not permanent, the likelihood was high that she would enjoy substantial or even complete recovery within a short time if she took steps to improve her fitness level, and there was no basis for concluding that the plaintiff was unable to heed the advice to lose weight and become more physically fit.
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