Can a failure to diligent efforts to find alternative employment mitigate loss of income due to injury?
British Columbia, Canada
The following excerpt is from Litt v. Guo, 2015 BCSC 2207 (CanLII):
The defendants cite Graham v. Rogers, 2001 BCCA 432 for the proposition that failure to mitigate loss of income due to injury can be found on the basis of a lack of diligent efforts to find alternative employment. However, the concurring reasons of Madam Justice Saunders point out the absence of crucial evidence from the defendants to prove such a failure, which is also absent from this case:
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