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April 2, 2025

HBLC successful in preserving a 70% reduction in damages based on failure to mitigate.

Marni MacLeod

In Padgham v. Ram, 2025 BCCA 100, Robert Brun, K.C., Jennifer Brun, K.C., and Colton Winiarski were successful for the respondents in the BC Court of Appeal. The appeal was regarding a trial court finding that a 70% reduction in damages should be applied to the appellant’s damages award. The appeal arose from an assessment of damages following a motor vehicle accident. The respondents had admitted liability but at trial, the judge reduced several heads of damage, including special damages, by 70% based on a finding that the appellant had failed to mitigate her losses by not taking advantage of…

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