What is the burden of proving a plaintiff’s failure to mitigate?
British Columbia, Canada
The following excerpt is from Harmati v. Williams, 2016 BCSC 2199 (CanLII):
The onus in proving a plaintiff’s failure to mitigate falls on the defendants who must prove: (a) there were steps that the plaintiff could have taken that might have avoided or reduced the loss; (b) those steps were reasonable; and (c) the amount by which those steps would have avoided or reduced the loss. (Frers v. De Moulin, 2002 BCSC 408 at para. 217)
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