What is the test for a plaintiff to mitigate or lessen their loss?
British Columbia, Canada
The following excerpt is from Yip v. Chin, 2009 BCSC 451 (CanLII):
In Middletown v. Morcke, 2007 BCSC 804 at para. 37, this court said: The plaintiff is required to act reasonably to mitigate or lessen her loss and whether she did act reasonably is a question of fact. If the plaintiff did not act reasonably, no damages are recoverable for any loss the plaintiff could have avoided through reasonable action. On this issue, the burden rests upon the defendants to demonstrate on a balance of probabilities that the plaintiff did not act reasonably. The plaintiff is not held to a high standard of conduct in mitigation; the law is satisfied if the plaintiff takes steps that a reasonable person would take in the circumstances to reduce the loss.
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