What is a plaintiff's duty to mitigate in a personal injury action?
British Columbia, Canada
The following excerpt is from Clark v. Bullock, 2013 BCSC 944 (CanLII):
Plaintiffs have a duty to mitigate. As Rowles J.A. put it in Graham v. Rogers, 2001 BCCA 432 at paragraph 35: Mitigation goes to limit recovery based on an unreasonable failure of the injured party to take reasonable steps to limit his or her loss. A plaintiff in a personal injury action has a positive duty to mitigate but if a defendant's position is that a plaintiff could reasonably have avoided some part of the loss, the defendant bears the onus of proof on that issue. ...
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