What is the test for a claim for damages arising out of a loss of income from a property transaction?
Ontario, Canada
The following excerpt is from O’Brien v. Organic Works Inc., 2012 HRTO 457 (CanLII):
The applicant is under a duty to mitigate his losses but the onus of proving that an applicant failed to take reasonable steps to mitigate lies on the respondent. See Heintz v. Christian Horizons, 2008 HRTO 22, at para. 265.
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