What is the principle against double recovery?
Ontario, Canada
The following excerpt is from Anderson v. Cara Operations Limited (Montana’s Cookhouse), 2009 CanLII 58608 (ON SC):
[16] The principle against double recovery is stated in Ratych v. Bloomer, 1990 CanLII 97 (SCC), [1990] 1 S.C.R. 940: “It is a fundamental principle of tort law that an injured person should be compensated for the full amount of his loss, but no more..The plaintiff is to be given damages for the full measure of his loss as best that can be calculated. But he is not entitled to turn an injury into a windfall”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the principle of corporate separateness override the equitable principles of equitable principles in the context of vicarious liability? (Ontario, Canada)
What is the position of the wife in a marriage breakdown case where the husband's pension is divided and the wife is entitled to double recovery or double dip? (Ontario, Canada)
Inmates at the Edmonton Remand Centre, where there are allegations that they are confined to double-bunk cells for 18-23 hours a day, is there any case law that supports the allegation that double bunk cells are overcrowded? (Ontario, Canada)
What is the test for double recovery in a personal injury action? (Ontario, Canada)
Does the principle of double criminality in the context of extradition to the United States have any effect on the appeal? (Ontario, Canada)
In what circumstances will the principle of double dipping in spousal support be ignored? (Ontario, Canada)
What are the principles of statutory compulsion and what are the implications of the principles set out in Soules and White? (Ontario, Canada)
What is the test for determining damages in tort that eliminates the risk of double recovery? (Ontario, Canada)
What is the impact of traditional trust principles against the principles of equity underpinning fair sharing of wealth during a marriage? (Ontario, Canada)
What is the test for double recovery in a motor vehicle accident case? (Ontario, Canada)
