What is the standard of proof used to determine whether a plaintiff has a duty to mitigate his/her damages?
British Columbia, Canada
The following excerpt is from Fox v. Danis, 2005 BCSC 102 (CanLII):
There is no dispute that every plaintiff has a duty to mitigate his/her damages, and that the burden of proving a failure to fulfil that duty rests with the defendant, the standard of proof being the balance of probabilities: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146.
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