What is the test for double recovery in a personal injury action?
Ontario, Canada
The following excerpt is from Demers v. B.R. Davidson Mining & Development Ltd., 2011 ONSC 2046 (CanLII):
As stated by Cory J. in Cunningham v. Wheeler, 1994 CanLII 120 (SCC), [1994] 1 S.C.R. 359, [1994] S.C.J. No. 19, at para. 75, the principle of recovery in an action for tort is to compensate the injured party as completely as possible for the loss suffered as a result of the negligence of the tortfeasor, although the plaintiff is not entitled to double recovery for any loss arising from the injury. However, the common law, in limited circumstances, permitted exceptions to the rule against double recovery for certain collateral benefits.
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