Does a mortgagee have a duty to mitigate contractual damages?

The duty to mitigate contractual damages was reviewed by LeBlanc J. (as he then was) of this Court in Musgrave v. Ford, 2016 NSSC 157, at para. 65, where he noted that the defendants bear the burden of demonstrating on a balance of probabilities whether the mortgagee’s actions were not within the spectrum of reasonable conduct. Further, whether the loss could have been avoided is a finding of fact (para. 66).