What is the burden of proving a defendant’s liability for his or her injuries?
British Columbia, Canada
The following excerpt is from Elzinga v Sharpe, 2019 BCSC 314 (CanLII):
Once the plaintiff has proved the defendant’s liability for his or her injuries, the burden of proof shifts to the defendant who must prove that the plaintiff acted unreasonably and that reasonable conduct would have reduced or eliminated the loss. Whether the plaintiff acted reasonably is a factual question and involves a consideration of all of the circumstances: Gilbert v. Bottle, 2011 BCSC 1389 at para. 202.
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