What is the test for a plaintiff's duty to mitigate?
British Columbia, Canada
The following excerpt is from Bains v. Brar, 2013 BCSC 1828 (CanLII):
The defendants cited the decision in Parypa v. Wickware, 1999 BCCA 88, where at para. 67 the court set out the test for a plaintiff’s duty to mitigate:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a delay between a doctor’s recommendation that a plaintiff need physiotherapy and rehabilitation program mitigate her damages? (British Columbia, Canada)
Is there a need for physical or temporal proximity between a plaintiff and plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is the test for a plaintiff to mitigate by refusing to undergo medical treatment? (British Columbia, Canada)
Is a plaintiff entitled to be treated as a thin-skulled plaintiff for the purpose of damage assessment? (British Columbia, Canada)
How is mitigation of damages determined when a plaintiff fails to follow a personal trainer's advice? (British Columbia, Canada)
What is the burden of proving that a plaintiff’s considered decision not to undergo spinal fusion surgery is a failure to mitigate? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What is the test for a plaintiff to mitigate her losses? (British Columbia, Canada)
What is the test for failure to mitigate in circumstances where a plaintiff has not pursued recommended medical treatment? (British Columbia, Canada)
What is the standard of review applied by the Court of Appeal in determining the apportionment of fault between a plaintiff and plaintiff? (British Columbia, Canada)
