What is the test for a plaintiff to mitigate her loss by following a given course of treatment?
British Columbia, Canada
The following excerpt is from Tarasevich v. Samsam, 2013 BCSC 1914 (CanLII):
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), [1985] 1 S.C.R. 146 at 163-66.
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