What is the quantum of damages that would otherwise be deducted if a plaintiff suffered a psychological injury?
British Columbia, Canada
The following excerpt is from Trusty v Hatch, 2021 BCSC 618 (CanLII):
The defendants have established the elements of failure to mitigate with regard to any psychological injuries. A failure to mitigate can be addressed by discounting the damages that would otherwise be awarded by an appropriate percentage; Morgan v. Galbraith, 2013 BCCA 305 at paras. 70–80. In the circumstances, I would consider 50% an appropriate deduction.
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