mitigation
Mitigation for Failure to Exercise
In Schmidt v. Hawkins, 2010 BCSC 1154 (“Schmidt”), a judgment released on August 16, 2010, the Court addressed the issue of mitigation and the nature of the Plaintiff’s duty to follow medical advice (at paragraphs 142-146). The Court began its analysis by noting that the onus was on the Defendant to establish the existence of a failure to mitigate on a balance of probabilities.
Court Finds no Failure to Mitigate Where Reasonable Efforts Made
In the case of Furness v. Guest, 2010 BCSC 974 (“Furness”), released on July 12, 2010, the Plaintiff was awarded $40,000 in non-pecuniary damages.
