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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99932
Experience:  Lawyer
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Question that knows. In Ontario law regarding mitigation

Customer Question

Question for anyone that knows. In Ontario law regarding mitigation to find work after a horrific accident what is the plaintiffs legal requirements after a forced sale of shares due to the inability to work and completion of psychological treatment for PTSS ?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
I need more of the basic facts.Please take some time to set them out.
Customer: replied 1 year ago.
In 2009 I had a life threatening injury in my shop that almost took my leg and life, two granite slabs broke and landed on me. This forced me on my back for 7 months and I had to sell my share due to being unable to function and unable to work until this day. We have proceeded with a product liability claim and now the defense is asking for me to show how I mitigated the loss by finding alternate employment.
How is that done when the liability forced a sale and not able to run a business again?
Expert:  Debra replied 1 year ago.
If you are unemployable because of the injuries then you could not mitigate those damages.So you have to prove that you could not work at all.One cannot find alternate work if one is disabled because of an accident that renders him/her unable to work anymore.
Customer: replied 1 year ago.
How does it work when they say you can do sedentary work, but unable to run the business like before.
Expert:  Debra replied 1 year ago.
Then you damages would be very high but lowered a bit by your failure to attempt to find employment.
Customer: replied 1 year ago.
Thank you
Expert:  Debra replied 1 year ago.
You are very welcome.
Customer: replied 1 year ago.
In your opinion if one has lost 50k per year take home pay for 6 years now 50 percent of a building that was then valued at 2.2m and now 2.9m today ehat is the max compensation plus punitive one can claim?
Expert:  Debra replied 1 year ago.
There is no way for me to answer that responsibly on line and I cannot provide advice anyway. But if you are self-representing or if you want a second opinion you need to see a lawyer face to face and you can do this by contacting the law society and using their lawyer referral service.
Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.
You are very welcome.

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