What are some cases where a plaintiff has unreasonably failed to mitigate by undertaking an exercise program under the supervision of a personal trainer?
British Columbia, Canada
The following excerpt is from Leslie v Dool, 2019 BCSC 518 (CanLII):
In addition, I have considered Antoniali v. Massey, 2008 BCSC 1085, a decision upon which ICBC relies, where the plaintiff had unreasonably failed to mitigate by failing to embark on an exercise program under the supervision of a personal trainer to rehabilitate herself and to alleviate the continuing effects of her injuries.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a plaintiff has failed to mitigate damages in a personal injury case? (British Columbia, Canada)
What are some cases where a plaintiff was found to have failed to mitigate her losses as a result of failing to receive cortisone injections and physiotherapy? (British Columbia, Canada)
Does a personal trainer have been found to have failed to mitigate damages for failing to attend physiotherapy? (British Columbia, Canada)
How is mitigation of damages determined when a plaintiff fails to follow a personal trainer's advice? (British Columbia, Canada)
What is the test for a plaintiff to mitigate her damages in a personal trainer negligence action? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
Does a plaintiff have a duty to mitigate in a personal injury case? (British Columbia, Canada)
Does a plaintiff have to mitigate their damages by not following their doctor’s recommendations that they attend physiotherapy and strengthen their core muscles by following a personal trainer? (British Columbia, Canada)
What is the burden of proving a defendant failed to mitigate for a plaintiff in a medical malpractice case? (British Columbia, Canada)
How have the courts in B.C. considered the reasonableness of the actions of a plaintiff’s who was alleged to have failed to follow and adhere to exercise recommendations? (British Columbia, Canada)
