Does a delay between a doctor’s recommendation that a plaintiff need physiotherapy and rehabilitation program mitigate her damages?

In Smith v. Both, 2013 BCSC 1995 the court did not accept the defendant’s argument that the plaintiff had failed to mitigate her damages despite the fact that there was an 18 month delay between her doctor’s recommendation that she undertake a physiotherapy and rehabilitation program and her commencing such a program.

In Manson v. Kalar, 2011 BCSC 373 the plaintiff’s doctor recommended that he attend physiotherapy and strengthen his core muscles by undergoing an exercise program under the supervision of a personal trainer. The plaintiff did not undertake any kind of exercise program and only attended minimal physiotherapy appointments. Yet the court similarly rejected the defendant’s claim of failure to mitigate damages.