What is the test for a plaintiff to mitigate their losses by refusing to accept the recommended medical treatment?
British Columbia, Canada
The following excerpt is from Gregory v. Penner, 2010 BCSC 22 (CanLII):
The law imposes upon plaintiffs the duty to mitigate their losses. This includes taking reasonable steps to minimize any loss relating to their injuries. Its purpose is to prevent plaintiffs from seeking recovery from defendants for harm and loss caused or contributed to by their own neglect. The onus of proof rests upon the defendant to establish a failure on the part of the plaintiff to mitigate, and whether a plaintiff has been reasonable in refusing to accept the recommended medical treatment is a decision for the trier of fact: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146.
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