What is the test for a plaintiff to recover for damages that could reasonably have been avoided?
Ontario, Canada
The following excerpt is from Rinzema v. Morrow, 2005 CanLII 36468 (ON SC):
The defendant has also claimed that the plaintiff has failed to mitigate his loss. The law is clear that a plaintiff cannot recover for losses that could reasonably have been avoided. The onus is upon the defendant to prove on a preponderance of the evidence that there was a breach of the duty to mitigate and the consequential impact upon the plaintiff’s claim: Red Deer Cottage v. Michaels 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324.
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