What is the burden of mitigation for a plaintiff in a personal injury action?
British Columbia, Canada
The following excerpt is from Sharma v Day, 2020 BCSC 1365 (CanLII):
A plaintiff in a personal injury action has a duty to take reasonable steps to limit their loss. The burden is on the defendant to prove that the plaintiff failed to mitigate their losses. In order to do so, the defendant must first show that the plaintiff acted unreasonably in not taking the steps that the defendants say ought to have been taken, and second that the plaintiff’s loss would in fact have been eliminated or reduced had those steps been taken: Chiu v. Chiu, 2002 BCCA 618 at para. 57.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What is the burden of showing mitigation against a second husband in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
What is the burden of mitigation in a personal injury action? (British Columbia, Canada)
What is a plaintiff's duty to mitigate in a personal injury action? (British Columbia, Canada)
