(1) An injured person is under a duty to mitigate his
or her damages.
(2) Accordingly, in assessing damages in respect of a claim,
the court is to give consideration to the steps taken by the injured person to
mitigate those damages and to the reasonable steps that could have been or
could be taken by the injured person to mitigate those damages.
(3) Those
steps include the following--
(a) undergoing medical treatment,
(b)
undertaking rehabilitation (including the formulation and undertaking of an
appropriate rehabilitation program),
(c) pursuing alternative employment
opportunities,
(d) giving the earliest practicable notice of the claim in
order to enable the assessment and implementation of the above matters.
(4)
In proceedings before the court, the onus of proving that an injured person
has not mitigated his or her damages as required by this section lies with the
person who makes that allegation.
(5) In proceedings before the court, a
written report by a person who provided medical or rehabilitation services to
the injured person is admissible as evidence of any such steps taken by that
person.
(6) If any dispute arises over an alleged failure by the injured
person to mitigate his or her damages, the court is to give consideration to
and take into account any evidence that an insurer failed to assist in
mitigating damages.