What is the test for a failure to mitigate as a result of not pursuing recommended treatment?
British Columbia, Canada
The following excerpt is from Rutkowski v Nadarajah, 2020 BCSC 583 (CanLII):
The test for establishing a failure to mitigate as a result of not pursuing recommended treatment is set out in Chiu v. Chiu, 2002 BCCA 618 at para. 57: In a personal injury case in which the plaintiff has not pursued a course of medical treatment recommended to him by doctors, the defendant must prove two things: (1) that the plaintiff acted unreasonably in eschewing the recommended treatment, and (2) the extent, if any, to which the plaintiff's damages would have been reduced had he acted reasonably.
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