What is the test for mitigation of a dental malpractice claim?
Alberta, Canada
The following excerpt is from Wittmeier v. Scholes, 1999 ABQB 4 (CanLII):
Secondly, he worked at his dental practice as much as he possibly could which had the effect of curbing losses on his income. In my view the plaintiff's efforts throughout have been reasonable. Being reasonable is the essence of the duty to mitigate in claims of this nature; vide Andres v. Grand & Toy et al (supra), p. 462. 3. Calculations
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