What is the range of damages for failing to attend physiotherapy and refusing to take any medication?
British Columbia, Canada
The following excerpt is from Slater v Gorden, 2017 BCSC 2265 (CanLII):
The defendants relied on the case of Smith v. Poustie et al., 2000 BCSC 1816, in which the plaintiff failed to attend physiotherapy and refused to take any medication whatsoever. Both of these therapies had been recommended by her treating physician. The court found that if she had tried these therapies, she may have improved. The plaintiff in that case was overweight. The court determined that a 20% reduction was appropriate for the failure to mitigate (at para. 34).
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