What is the burden of proof for a plaintiff in a personal injury action?
British Columbia, Canada
The following excerpt is from Sachdeva v Cheng, 2018 BCSC 1388 (CanLII):
A plaintiff must establish the existence of damages and quantum. However, the "burden of proof moves to the defendant if he alleges that the plaintiff could have and should have mitigated his loss": Hargreaves, at para. 2, referencing Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146 at 162.
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