What is the defence of mitigation in a personal injury case?
British Columbia, Canada
The following excerpt is from Karst v Foster, 2019 BCSC 1043 (CanLII):
In considering the defence of mitigation, courts are slow to determine that a plaintiff has acted unreasonably in making good-faith decisions about what treatment and employment steps they will take to address an injury. As stated in Paniccia Estate v. Toal, 2012 ABCA 397 at para 86, cited in Gallina at para. 128: … the court only lightly reviews the decision of a person injured to try to mitigate his loss. Courts are extremely slow to criticize good-faith decisions by victims of torts about both whether to take steps in mitigation, or which steps, or how much expense or risk to incur in doing so.
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