What is the burden of mitigation against a plaintiff who failed to attend recommended treatment?
British Columbia, Canada
The following excerpt is from Senger v Graham, 2018 BCSC 257 (CanLII):
When a failure to mitigate is alleged, the defendant has the burden of proving not only that the plaintiff acted unreasonably in not attending recommended treatment but also the extent, if any, to which the plaintiff’s damages would have been reduced had she received the recommended treatment: Chiu v. Chiu, 2002 BCCA 618 at para. 57.
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