The assessment of non-economic loss for personal injury is reviewable under Warren v Coombes principles (correctness standard) rather than House v The King (discretionary error standard), but a large measure of appellate deference is accorded to the trial judge's determination where the judge saw the plaintiff over the course of the trial. Where a defendant raises a pre-existing condition to reduce damages, the defendant bears the evidential burden under Watts v Rake and Purkess v Crittenden, and must cross-examine or adduce evidence to show the plaintiff would have incurred the expense in any event.
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