Does a plaintiff have a positive duty to mitigate in a personal injury action?
British Columbia, Canada
The following excerpt is from Mills v Graham, 2019 BCSC 641 (CanLII):
Mitigation goes to limit recovery based on an unreasonable failure of an injured party to take reasonable steps to limit their loss. As such, a plaintiff in a personal injury action has a positive duty to mitigate. However, the defendant bears the onus of proving a plaintiff has failed to mitigate: see Graham v. Rogers, 2001 BCCA 432 at para. 35.
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