Where a trial judge makes a finding that a plaintiff's loss of earning capacity would not have been productive of financial loss and is therefore not compensable, an award of damages under that head is irreconcilable with the finding and must be set aside, with nothing recoverable. The case also confirms that a defendant bears the onus of establishing failure to mitigate, and that minimal evidence of a plaintiff's non-attendance at a pain clinic, without evidence of what the clinic offered or why the plaintiff did not attend, is insufficient to discharge that onus. An award of $90,000 general damages was made for cervical spine injury with chronic pain syndrome in a plaintiff aged 35 at the time of accident.
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