Pearson v. Savage,

JurisdictionBritish Columbia
JudgeThe Honourable Mr. Justice Willcock,The Honourable Mr. Justice Fitch,The Honourable Mr. Justice Hunter
Citation2020 BCCA 133
Date08 May 2020
CourtCourt of Appeal (British Columbia)
Docket NumberCA44727; CA45537

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35 practice notes
  • Arvanitis v. Cleave,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 26, 2023
    ...a duty to take reasonable steps to limit their loss. The defendant has the burden of proof on the issue of mitigation: Pearson v. Savage, 2020 BCCA 133 at para. 74. This involves proving on a balance of probabilities the causal link between an unreasonable failure to follow a prescribed tre......
  • 2023 BCSC 672,
    • Canada
    • January 1, 2023
    ...a duty to take reasonable steps to limit their loss. The defendant has the burden of proof on the issue of mitigation: Pearson v. Savage, 2020 BCCA 133 at para. 74. This involves proving on a balance of probabilities the causal link between an unreasonable failure to follow a prescribed tre......
  • Arvanitis v Cleave,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 26, 2023
    ...a duty to take reasonable steps to limit their loss. The defendant has the burden of proof on the issue of mitigation: Pearson v. Savage, 2020 BCCA 133 at para. 74. This involves proving on a balance of probabilities the causal link between an unreasonable failure to follow a prescribed tre......
  • 2025 BCSC 755,
    • Canada
    • January 1, 2025
    ...to satisfy the two-part test set out in Chiu v. Chiu, 2002 BCCA 618 at para. 57. Justice Fitch summarized the test in Pearson v. Savage, 2020 BCCA 133: [75] Where a plaintiff has not pursued a course of recommended medical treatment, the defendant must prove that the plaintiff acted unreaso......
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37 cases
  • Arvanitis v. Cleave,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 26, 2023
    ...a duty to take reasonable steps to limit their loss. The defendant has the burden of proof on the issue of mitigation: Pearson v. Savage, 2020 BCCA 133 at para. 74. This involves proving on a balance of probabilities the causal link between an unreasonable failure to follow a prescribed tre......
  • 2023 BCSC 672,
    • Canada
    • January 1, 2023
    ...a duty to take reasonable steps to limit their loss. The defendant has the burden of proof on the issue of mitigation: Pearson v. Savage, 2020 BCCA 133 at para. 74. This involves proving on a balance of probabilities the causal link between an unreasonable failure to follow a prescribed tre......
  • Arvanitis v Cleave,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 26, 2023
    ...a duty to take reasonable steps to limit their loss. The defendant has the burden of proof on the issue of mitigation: Pearson v. Savage, 2020 BCCA 133 at para. 74. This involves proving on a balance of probabilities the causal link between an unreasonable failure to follow a prescribed tre......
  • 2025 BCSC 1683,
    • Canada
    • January 1, 2025
    ...with inflation); • Adamson v. Charity, 2007 BCSC 671 ($200,000 or $290,000 with inflation); • Pearson v. Savage, 2017 BCSC 1435, aff'd 2020 BCCA 133 ($175,000 or $210,000 with inflation); and • Polos v. Cinnamon-Lopez, 2016 BCSC 81 ($180,000 or $210,000 with inflation). 140 Ms. Garmo emphas......
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1 firm's commentaries
  • The Most Important Cases For Personal Injury Lawyers
    • Canada
    • Mondaq Canada
    • May 5, 2021
    ...2021 ONCA 197 23. Casterton v MacIsaac, 2020 ONSC 190 24. 2020 ONCA 155 25. R.S.O. 1990, c. O.2 26. 2021 ONSC 2029 27. 2020 ONCA 211 28. 2020 BCCA 133 29. Provost v Dueck Downtown Chevrolet Buick GMS Limited, 2020 BCCA 86. I will not be discussing the appeal brought by the Minister on behal......