Does common issue # 6 need to be answered on a common basis?
Ontario, Canada
The following excerpt is from Kafka v. Allstate Insurance Company of Canada, 2011 ONSC 2305 (CanLII):
There is some basis in the evidence for common issue # 6, but there is no basis in the evidence to conclude that it is capable of being answered on a common basis. The issue of mitigation needs to be considered on a “case-by-case basis” (see Evans v. Teamsters, supra, at para 27).
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