What is a plaintiff's duty to mitigate their loss in a personal injury action?
British Columbia, Canada
The following excerpt is from Ackermann v Pandher, 2017 BCSC 880 (CanLII):
A plaintiff in a personal injury action has a positive duty to mitigate their loss, but if a defendant's position is that a plaintiff could reasonably have avoided some part of it, the defendant bears the onus of proof on that issue: Graham v. Rogers, 2001 BCCA 432 at para. 35.
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