Does a plaintiff have a duty to mitigate in a personal injury case?
British Columbia, Canada
The following excerpt is from Teal Cedar Products Ltd. v. British Columbia (Ministry of Forests), 2013 BCSC 788 (CanLII):
The Province also points to Sartori v. Gates, 2011 BCSC 214, for the principle that in personal injury cases, the plaintiff has a duty to mitigate. In that case, the duty to mitigate extended to the amount of tax paid by the plaintiff and the determination of the gross-up amount.
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