Reduction of Damages for Failure to Mitigate (ON)

This practice note examines the duty on a plaintiff to mitigate their injuries and their injuries' impact on the ability to earn income by following medical advice respecting treatment and seeking employment if possible. The onus is on the defendant to show a failure to mitigate, and the plaintiff is not required to adhere to a standard of perfection, but rather, to meet the standard of a reasonable person in acting to reduce the impact of the accident on their injuries or ability to earn income.