Rarotonga, 2010

Simon Shields, LLB

Online Lawyer (Ontario)

Most Popular
Contracts / Torts / Evidence / Limitations / Tenant Plus / welfare (ontario works) / odsp / human rights / employment / consumer / E-Access
ADMINISTRATIVE LAW | SPPA / SMALL CLAIMS / CIVIL COURT / CIVIL APPEALS / JUDICIAL REVIEWS

home / about / Little Friends Lefkada (Greece) / testimonials / Conditions of Use

Associated Site
Canadian Animal Law

Effect of Impecunosity on Mitigation

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

CC0

The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.