What is the principle against double recovery in tort law?
British Columbia, Canada
The following excerpt is from Ashcroft v. Dhaliwal, 2007 BCSC 533 (CanLII):
The principle against double recovery is stated in Ratych v. Bloomer, 1990 CanLII 97 (SCC), [1990] 1 S.C.R. 940, 69 D.L.R. (4th) 25 per McLachlin J. (as she then was) at 962: 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.
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