What is the test for determining whether a plaintiff has failed to mitigate her loss?
British Columbia, Canada
The following excerpt is from Stone v. Ellerman, 2007 BCSC 969 (CanLII):
I turn to the defendant’s allegation that the plaintiff has failed to mitigate her loss. In this connection the onus is on the defendant and the defendant cannot succeed unless I am convinced on a balance of probabilities that the plaintiff has failed to mitigate her loss. (Graham v. Rogers, 2001 BCCA 432).
"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
What is the test for determining whether a plaintiff has failed to take reasonable steps to mitigate her loss? (British Columbia, Canada)
What is the test for determining whether a plaintiff has failed to mitigate damages in a personal injury case? (British Columbia, Canada)
What are some cases where a plaintiff was found to have failed to mitigate her losses as a result of failing to receive cortisone injections and physiotherapy? (British Columbia, Canada)
What is the test to apply in determining whether damages should be reduced to account for a plaintiff’s failure to mitigate? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for establishing that a plaintiff has failed to mitigate his loss of income due to chronic pain? (British Columbia, Canada)
If a plaintiff fails to prove quantification of their loss by earnings or by capital asset, is that loss quantification quantified or quantified? (British Columbia, Canada)
What is the test for determining whether there is a loss of income for a plaintiff as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
How is mitigation of damages determined when a plaintiff fails to follow a personal trainer's advice? (British Columbia, Canada)
