A plaintiff has a duty to act reasonably in mitigating her loss. It is, however, for the defendant to demonstrate on the balance of probability that the plaintiff has failed in that duty. When the failure to mitigate is alleged to have been borne of not having followed a given course of treatment, the defendant must show that the treatment was medically directed and that, had it been followed, the plaintiff would have recovered further or faster: Janiak v. Ippolito, 1985 CanLII 62 (SCC),  1 S.C.R. 146 at 163-66.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.