What is the test for double recovery?
British Columbia, Canada
The following excerpt is from M.M. v. R.F., 1997 CanLII 14477 (BC CA):
… I am of the opinion that the underlying premise enunciated in Boarelli v. Flannigan, above mentioned, can no longer be supported. There is no third category that would designate social welfare legislation as an exception to allow double recovery. Such legislation could hardly fall within the category of a charitable gift as above described, or as a benefit that was purchased.
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