What is the test for determining whether a defendant acted unreasonably when driving under the influence of alcohol?
British Columbia, Canada
The following excerpt is from Stevens v Creusot, 2019 BCSC 1781 (CanLII):
Once the plaintiff has proven the defendant’s liability for his or her injuries, the defendant must prove that the plaintiff acted unreasonably and that reasonable conduct would have reduced or eliminated the loss. Whether the plaintiff acted reasonably is a factual question and it involves a consideration of all of the circumstances: Gilbert v. Bottle, 2011 BCSC 1389 at para. 202.
A failure to mitigate is a defence to the amount of damages that the defendant is obligated to pay: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146 at para. 36.
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