What is the test for failing to mitigate?
British Columbia, Canada
The following excerpt is from Mattson v Spady, 2019 BCSC 1144 (CanLII):
In Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144, a case where the allegation of failing to mitigate involved a refusal to undergo cortisone injection treatment, the court said that it: 56. …would describe the mitigation test as a subjective/objective test. That is whether the reasonable patient, having all the information at hand that the plaintiff possessed, ought reasonably to have undergone the recommended treatment. The second aspect of the test is "the extent, if any to which the plaintiff's damages would have been reduced" by that treatment. [Emphasis in original.]
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