What is the burden of proof for a plaintiff to mitigate damages?
Ontario, Canada
The following excerpt is from Simpson v. Global Warranty Management Corporation, 2014 ONSC 724 (CanLII):
In relation to the duty to mitigate damages the burden of proof is on the defendant to show that the plaintiff has failed to take reasonable steps to mitigate his damages: Michaels v. Red Deer College 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324 (S.C.C.).
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