Is a plaintiff unable to mitigate his damages by purchasing a substitute home?
British Columbia, Canada
The following excerpt is from Randhawa v. Legendary Developments Ltd., 2006 BCSC 2006 (CanLII):
With respect, I do not agree that that is so. The applicant raised the issue of the plaintiff's failure to mitigate and referred me to the decision of Madam Justice Loo in Lee v. Au. The fact is, and I accept for the purposes of this application, that the plaintiff was unable to afford to purchase other substitute properties and in particular I refer to ¶17 of his affidavit where he says: "I would not be in a position to purchase a similar property at this time due to the increased expense involved". Thus, at least for the purposes of this application, he is not able to mitigate his damages.
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