What is the test for a defendant to prove that a plaintiff has not mitigated their damages?
British Columbia, Canada
The following excerpt is from Scott v Cheng, 2019 BCSC 697 (CanLII):
This is an appropriate place to consider the defendant’s submissions that the plaintiff has not mitigated his damages and they should be reduced accordingly. It is accepted that the defendant that has the onus to prove a failure to mitigate (Lakatos v. Lakatos, 2017 BCSC 1990 at para. 175).
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