Is a defendant liable to a plaintiff's claim that they could reasonably have avoided some part of the loss claimed?
Nova Scotia, Canada
The following excerpt is from North Sydney Associates v. United Dominion Industries Ltd., 2005 NSSC 206 (CanLII):
In Red Deer College v. Michaels, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324 Laskin C.J.C. said at p.331: ...If it is the defendant’s position that the plaintiff could reasonably have avoided some part of the loss claimed, it is for the defendant to carry the burden of that issue, subject to the defendant being content to allow the matter to be disposed of on the trial judge’s assessment of the plaintiff’s evidence on avoidable consequences.
"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 limitation period for a claim against a defendant who has been denied a claim for over a year? (Nova Scotia, Canada)
Is a plaintiff entitled to the production of manuals, procedures, and guidelines that relate to the manner in which the insurer handles claims? (Nova Scotia, Canada)
What changes have been made to the circumstances in which a plaintiff's claim was denied? (Nova Scotia, Canada)
What is the standard for reasonableness in the context of a claim for damages under section 100 of the NSSC 100? (Nova Scotia, Canada)
What is the test for inordinate delay in determining whether there is serious prejudice to a plaintiff's claim? (Nova Scotia, Canada)
In what circumstances have courts imputed income to a payor who provides no medical evidence to support the payor's claim of not being able to work for health reasons? (Nova Scotia, Canada)
Can a plaintiff prevent her co-defendant and her husband from discussing the facts of the accident with each other? (Nova Scotia, Canada)
In what circumstances will a plaintiff be able to claim damages for the loss of money owing on his truck? (Nova Scotia, Canada)
Is a plaintiff required to provide expert evidence to support her claim for medical negligence? (Nova Scotia, Canada)
What is the test for judicial deference in determining whether a statutory interpretation is reasonable or unreasonable under reasonableness review? (Nova Scotia, Canada)
