Does a plaintiff have a duty to mitigate their loss?
British Columbia, Canada
The following excerpt is from Binning v Kandola, 2021 BCSC 157 (CanLII):
A plaintiff in a personal injury action has a duty to take reasonable steps to mitigate their loss. Defendants bear the burden of proving: (1) that the plaintiff acted unreasonably in not doing what they assert ought to have been done; and (2) that the plaintiff’s loss would have been reduced or eliminated if those steps had been taken: Chiu v. Chiu, 2002 BCCA 618 at para. 57.
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