What is the test for a mitigation defence in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Kaboly-Zadeh v. Murchison, 2014 BCSC 1968 (CanLII):
However, once the plaintiff has proved the defendant’s liability for his or her injuries, in order to succeed in a mitigation defence the defendant is required to prove that the plaintiff acted unreasonably and that reasonable conduct would have reduced or eliminated the loss. Whether the plaintiff acted reasonably is a factual question and it involves a consideration of all of the circumstances: Gilbert v. Bottle, 2011 BCSC 1389 at para. 202.
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