What is the burden of mitigation against a defendant?
British Columbia, Canada
The following excerpt is from Ehman v Preston Chevrolet Buick GMC Cadillac Ltd., 2021 BCSC 1033 (CanLII):
Where a defendant asserts that a plaintiff’s damages should be reduced on the basis of a failure to mitigate, the defendant has the burden to show both that: (a) the plaintiff has failed to take reasonable steps to find alternate employment; and (b) that alternate employment could likely have been obtained had reasonable steps been taken: see Nardulli v. C-W Agencies Inc, 2012 BCSC 1686, at paras. 448-451.
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