What is the burden of showing mitigation against a second husband in a personal injury action?
British Columbia, Canada
The following excerpt is from Sharp-Barker v. Fehr, 1982 CanLII 802 (BC SC):
But it has been made clear by Ball v. Kraft, supra, that the mere fact of remarriage does not necessarily lead to the conclusion that some financial benefit will (or was) reaped by the widow, The burden of showing mitigation and its extent lies on the defendant, and the earning power, stability and health of the second husband as well as his attitude towards a stepchild would have distinct bearing on the issue of damage.
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