What is the duty of a plaintiff to mitigate the damages of a defendant in a tort action?
Ontario, Canada
The following excerpt is from Ksiazek v. Newport Leasing Ltd., 2006 CanLII 36958 (ON SC):
The duty to mitigate “derives from the general proposition that a plaintiff cannot recover from the defendant damages which he himself could have avoided by taking reasonable steps”.: Janiak v. Ippolito, supra at 167.
Pre-existing conditions preventing rational decisions regarding the injury may excuse failure to mitigate, but conditions developed subsequent to the injury will not: Janiak v. Ippolito, supra.
"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
Can a plaintiff recover damages and costs from a defendant who has been successful in a personal injury action? (Ontario, Canada)
Can a plaintiff recover damages for lost wages from a defendant in a tort action? (Ontario, Canada)
What is the test for a claim for punitive damages in a defamation action brought by a plaintiff against a defendant who published defamatory material in their statement of defence? (Ontario, Canada)
What is the burden of proof for a plaintiff to mitigate damages? (Ontario, Canada)
What is the test for making reasonable efforts to mitigate damages in a personal injury action? (Ontario, Canada)
Does a proposed defendant have to pay for damages in a case where no valid cause of action is made out as against him? (Ontario, Canada)
What factors are considered by the Court in deciding whether to allow a plaintiff to sue for damages in a separate action against a landlord? (Ontario, Canada)
In an action on the insurance contract, can a plaintiff recover damages for breach of duty of good faith? (Ontario, Canada)
What are the principles of mitigation of damages in a personal injury action? (Ontario, Canada)
In what circumstances will a jury award damages for medical malpractice for a plaintiff who sustained long-term brain damage as a result of a motor vehicle accident? (Ontario, Canada)
