What is the obligation of a plaintiff to mitigate their damages by undergoing a reasonable course of medical treatment?
Ontario, Canada
The following excerpt is from Bourgoin v. Leamington (Municipality), 2006 CanLII 11904 (ON SC):
Both counsel agree that the leading case on the obligation of a plaintiff to mitigate his or her damages by undergoing a reasonable course of medical treatment is Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146. In that case, an injured plaintiff refused to follow her doctor’s recommendation for back surgery because of a fear of surgery, even though the surgery was given a 70% change of success and, if successful, the plaintiff had a 100% chance of recovery and the possibility of returning to employment. The trial judge reduced the plaintiff’s damages by 30% on account of her refusal to have the surgery.
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