What are the consequences of a plaintiff's failure to mitigate?
Ontario, Canada
The following excerpt is from Noiles v. MTD Products Inc., 2019 ONSC 4642 (CanLII):
I note that as the defendants submitted, courts assess a plaintiff’s failure to mitigate and any consequent reduction of the applicable heads of damage after the causation analysis is complete. It is appropriate to consider the issue of mitigation separately in respect of each head of damage (see Mullens v. Toor, 2016 BCSC 1645 aff’d 2017 BCCA 384).
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