What are some cases where a plaintiff was found to have failed to mitigate her losses as a result of failing to receive cortisone injections and physiotherapy?
British Columbia, Canada
The following excerpt is from Corness v Ng, 2022 BCSC 334 (CanLII):
The defendants refer me to Yeomans v. Buttar, 2021 BCSC 343 at paras. 143-144, 149-155 in which the plaintiff was found to have failed to mitigate her losses as she failed to undergo various treatments that were recommended to her, including cortisone injections and physiotherapy. For the plaintiff’s failure to mitigate, a reduction of all heads of damages by 15% was applied.
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