Does a plaintiff have a duty to seek out alternate occupations which would be less likely to exacerbate his back problems?
British Columbia, Canada
The following excerpt is from Klein v. Sangha, 2016 BCSC 1864 (CanLII):
The defence submits that if the plaintiff is unable to continue with his pre-accident line of work in the future, he has a duty to seek out alternate occupations which would be less likely to exacerbate his back problems. I agree that the burden is on the plaintiff to prove on a balance of probabilities that he could not earn a comparable income from some other occupation; see: Parypa v. Wickware, 1999 BCCA 88 at para. 67.
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