Is there a cloud over the analysis of damages for failure to mitigate?
British Columbia, Canada
The following excerpt is from Warner v. Cousins, 2014 BCCA 29 (CanLII):
It may be that this cloud over the damages analysis is fatal to the order. In the words of Mr. Justice Hall in Pett v. Pett, 2009 BCCA 232, 93 B.C.L.R. (4th) 300 para. 17, there is “very little by way of a road map” explaining the judge’s conclusions on quantum of damages, on the substance of the failure to mitigate, or on the scale of the consequences of the failure to mitigate.
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