What is the test for making reasonable efforts to mitigate damages in a personal injury action?
Ontario, Canada
The following excerpt is from Bowman v. Martineau, 2020 ONCA 330 (CanLII):
The respondents were required to make reasonable efforts to mitigate their damages. It is the appellants’ onus to demonstrate they failed to do so: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146, at p. 163. I see no error in the trial judge’s conclusion that the appellants did not meet that onus. The trial judge’s determination of the mitigation issue was reasonable in the circumstances of this case. His conclusion is therefore entitled to deference on appeal.
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