What is the burden of proving that a plaintiff took steps that could have been taken to mitigate their loss?
British Columbia, Canada
The following excerpt is from Walks v Cody, 2019 BCSC 1371 (CanLII):
The defendants have the burden of establishing on a balance of probabilities that there were steps the plaintiff could have taken to mitigate; that those steps were reasonable; and the extent to which the loss would have been avoided by taking those steps: Graham v. Rogers, 2001 BCCA 432 at para. 35
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