What is the test for determining damages in tort that eliminates the risk of double recovery?
Ontario, Canada
The following excerpt is from 17-003874 v Wawanesa Mutual Insurance Company, 2018 CanLII 13160 (ON LAT):
The method for determining damages in tort that eliminates the risk of double recovery was described in Anderson v. Cara Operations Limited (Montana's Cookhouse). The trial judge determines the value of the plaintiff’s injuries, assuming they are ongoing and overlapping, as of the day before the second accident. A determination is then made of the plaintiff’s global damages. The trial judge then deducts the first from the second to arrive at the proper award for the injuries in the second accident for which the tort defendants are responsible. The settlement amounts are not used to determine the damages.
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