What is the burden of mitigation in a personal injury case?
New Brunswick, Canada
The following excerpt is from Danaher v. Moon Palace and Colonial Inns, 2002 NBQB 86 (CanLII):
Laskin C.J.C. in Red Deer College v. Michaels (1975), 1975 CanLII 15 (SCC), 57 D.L.R. (3d) 386, approved the following: But the burden which lies on the defendant of proving that the plaintiff has failed in his duty of mitigation is by no means a light one, for this is a case where a party already in breach of contract demands positive action from one who is often innocent of blame. [My Emphasis]
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