In what circumstances will a plaintiff have to prove that he or she was injured in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Labonte v. Sowers, 1994 CanLII 9062 (AB QB):
Laskin C.J.C. at p. 164, quoting from Buczynski v. McDonald (1971), 1 S.A.S.R. 569: "… Not only must the defendant discharge the onus of showing that the plaintiff could have mitigated his loss if he had reacted reasonably, but he must also show how and to what extent that loss could have been minimized …"
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