What is the majority approach to assessing damages for unreasonableness?

43. MacKinnon A.C.J.O. suggests that the majority approach bypasses the trial judge's initial finding of unreasonableness. With respect, I think he must be in error in this since the respondent is precluded by that finding from claiming full compensation for the losses he has already suffered. The same response can be made to the appellant's submission that the uncertainty in the evidence results from the plaintiff's unreasonable conduct and that he ought not to be able to "profit" from it. The finding that his refusal to undergo surgery was unreasonable precludes the plaintiff from recovering his actual loss. To hold that his remaining compensation should be determined on the basis of principles higher than those normally applied in assessing tort damages would, it seems to me, be to punish him for not undergoing surgery. This would be contrary to the general judicial policy that "it is not the prerogative of the court to require that any person undergo surgery to any degree" (McCarthy v. MacPherson’s Estate (1977), 14 Nfld. & P.E.I.R. 294 (P.E.I.C.A.), at p. 297).