What is the test for reducing damages when a defendant fails to mitigate?
British Columbia, Canada
The following excerpt is from McConvey v. Hart, 2013 BCSC 1058 (CanLII):
The defendant bears a heavy burden in establishing a reduction in damages on the basis of failure to mitigate. The applicable law is well-summarized in Fox v. Danis, 2005 BCSC 102 at paras. 35-37, aff’d 2006 BCCA 324, as follows:
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