What is the burden of proving that a plaintiff's failure to follow the advice of doctors with respect to treatment is reasonable or unreasonable?
British Columbia, Canada
The following excerpt is from Delli Santi v. PNE, 2000 BCSC 716 (CanLII):
The defendant bears the burden of proving that a plaintiff could have and should have mitigated his or her loss. Whether a plaintiff's refusal to follow the advice of doctors with respect to treatment is reasonable or unreasonable is assessed on an objective standard: Janiak v. Ippolito (1985), 1985 CanLII 62 (SCC), 16 D.L.R. (4th) 1 (S.C.C.)
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