Does an employee have a duty to mitigate damages arising from loss of life insurance?
British Columbia, Canada
The following excerpt is from E. (E.) v. R. (E.), 1997 CanLII 928 (BC SC):
I recognize that the onus on the defendant to prove lack of mitigation is high (see Red Deer College v. Michaels et al., [1975] 5 W.W.R. 574 at 580), but in all these circumstances, I am unable to find that the employee fulfilled his duty to mitigate his damages arising from loss of life insurance in any respect whatsoever. As for the voluntary policy, although the termination letter did not specifically deal with it, the terms of employment did, and the same considerations apply. The employee simply took no steps at any time to enable him to mitigate his damages from the loss of either policy.
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