What is the test for failure to mitigate by not pursuing a recommended course of medical treatment?
British Columbia, Canada
The following excerpt is from Fifi v. Robinson, 2012 BCSC 1378 (CanLII):
The test for failure to mitigate by not pursuing a recommended course of medical treatment is set out at para. 57 of Chiu v. Chiu, 2002 BCCA 618, 8 B.C.L.R. (4th) 227: In a personal injury case in which the plaintiff has not pursued a course of medical treatment recommended to him by doctors, the defendant must prove two things: (1) that the plaintiff acted unreasonably in eschewing the recommended treatment, and (2) the extent, if any, to which the plaintiff’s damages would have been reduced had he acted reasonably.
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