What is mitigation in a personal injury action?
British Columbia, Canada
The following excerpt is from Kosoric v. Maitland, 2009 BCSC 108 (CanLII):
The concept of mitigation was discussed in Graham v. Rodgers, 2001 BCCA 432, 90 B.C.L.R. (3d) 69, leave to appeal to ref’d [2001] S.C.C.A. No. 467. The purpose of mitigation is to limit the recovery of an injured party based on their failure to take reasonable steps to minimize or limit their loss: see para. 35. As the defendant submits in their argument, a plaintiff has a positive duty to mitigate in personal injury actions; however, if a defendant argues a plaintiff may have reasonably avoided some of the loss, they bear the onus of proof: see para. 35.
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