Rhodes v. Surrey (City), 2018 BCCA 281

JudgeThe Honourable Madam Justice Saunders; The Honourable Mr. Justice Goepel; The Honourable Madam Justice Fenlon
CourtCourt of Appeal (British Columbia)
Case DateJuly 10, 2018
JurisdictionBritish Columbia
Citations2018 BCCA 281
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24 practice notes
  • 2023 BCSC 709,
    • Canada
    • 1 Enero 2023
    ...steps to limit their loss. 57 In order to prove a failure to mitigate, a defendant has to prove two things: See Rhodes v. Surrey (City), 2018 BCCA 281 at para. 57; Karst v. Foster, 2019 BCSC 1043 [ Karst] at para. 1) the plaintiff acted unreasonably in not taking the steps that the defendan......
  • Mason v Narvaez,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 1 Mayo 2023
    ...steps to limit their loss. 57 In order to prove a failure to mitigate, a defendant has to prove two things: See Rhodes v. Surrey (City), 2018 BCCA 281 at para. 57; Karst v. Foster, 2019 BCSC 1043 [ Karst] at para. 1) the plaintiff acted unreasonably in not taking the steps that the defendan......
  • Abraha v. Suri, 2019 BCSC 1855
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 30 Octubre 2019
    ...asks the extent, if any, to which the plaintiff’s damages would have been reduced by that treatment. Also see Rhodes v. Surrey (City), 2018 BCCA 281 at para. Plaintiff’s Position on Non-Pecuniary Damages [16] Ms. Abraha submits that she suffered pain symptoms in her neck and back and anxiet......
  • Lynch v. Ueland, 2018 BCSC 2144
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 4 Diciembre 2018
    ...BCSC 1389; Gill v. Lai, 2018 BCSC 101; Trites v. Penner, 2010 BCSC 882; Rozendaal v. Landingin, 2013 BCSC 24; Rhodes v. Surrey (City), 2018 BCCA 281; Janiak v. Ippolito, [1985] 1 S.C.R. 146; Hargreaves v. Brar, 2010 BCCA 489; Southcott Estates Inc. v. Toronto Catholic District School Board,......
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24 cases
  • 2023 BCSC 709,
    • Canada
    • 1 Enero 2023
    ...steps to limit their loss. 57 In order to prove a failure to mitigate, a defendant has to prove two things: See Rhodes v. Surrey (City), 2018 BCCA 281 at para. 57; Karst v. Foster, 2019 BCSC 1043 [ Karst] at para. 1) the plaintiff acted unreasonably in not taking the steps that the defendan......
  • Abraha v. Suri, 2019 BCSC 1855
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 30 Octubre 2019
    ...asks the extent, if any, to which the plaintiff’s damages would have been reduced by that treatment. Also see Rhodes v. Surrey (City), 2018 BCCA 281 at para. Plaintiff’s Position on Non-Pecuniary Damages [16] Ms. Abraha submits that she suffered pain symptoms in her neck and back and anxiet......
  • Mason v Narvaez,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 1 Mayo 2023
    ...steps to limit their loss. 57 In order to prove a failure to mitigate, a defendant has to prove two things: See Rhodes v. Surrey (City), 2018 BCCA 281 at para. 57; Karst v. Foster, 2019 BCSC 1043 [ Karst] at para. 1) the plaintiff acted unreasonably in not taking the steps that the defendan......
  • Latreille v. Downey, 2020 BCSC 976
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 30 Junio 2020
    ...2007 MBCA 7 at 18, cited with approval in The Owners, Strata Plan K855. [324] As noted by the Court of Appeal in Rhodes v. Surrey (City), 2018 BCCA 281, para. 66, the fact that a treatment might afford some relief is not sufficient to justify a reduction of an [325] Whether the plaintiff ac......
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