What is the burden of mitigation in a personal injury action?

British Columbia, Canada


The following excerpt is from Lo v Vos, 2019 BCSC 1306 (CanLII):

A plaintiff in a personal injury action has a duty to take reasonable steps to limit their loss. The defence has the burden of proof on the issue of mitigation. This involves proving two elements: first that the plaintiff acted unreasonably in not taking the steps that the defendants say ought to have been taken, and second that the plaintiff’s loss would in fact have been eliminated or reduced had the step been taken: Chiu v. Chiu, 2002 BCCA 618 at para. 57.

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