Is a plaintiff entitled to damages that could reasonably have been avoided?
Ontario, Canada
The following excerpt is from John Doe v. O'Dell, 2003 CanLII 64220 (ON SC):
A plaintiff is not entitled to be compensated for losses in tort that could reasonably have been avoided had the plaintiff mitigated his damages. The onus is on the defendants to show that the plaintiff failed to take reasonable steps to mitigate (Red Deer College v. Michaels, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324 at 331, 57 D.L.R. (3d) 386).
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