Simon looking earnest in Preveza, Greece

SimonShields@isp.com

Free Online Lawyer Consultations

Legal Guides
tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law) / animal cruelty / dogs & cats / wild animal law (all Canada)

home / about / testimonials / Conditions of Use

THE LATEST WORD

... what's this?

Damages - Mitigation - Effect of Impecuniosity

Carson v. Kearney (Town) (Ont CA, 2016)

This case is useful authority for the proposition that impecuniosity can act as a limiting factor on a party's duty to mitigate damages:
[10] The duty to mitigate required that the respondents take reasonable steps to mitigate their damages. The duty to mitigate, however, does not require the injured party to spend money that it does not have, especially when it is the conduct of the tortfeasor that has left the injured party without funds. We would not interfere with the damages award.


Law Society Number #37308N / Website © Simon Shields 2005-2019