What is the test for double recovery in an action for negligence?
British Columbia, Canada
The following excerpt is from Monych v. Beacon Community Services Society, 2009 BCSC 562 (CanLII):
It is a fundamental principle in an action for negligence that a plaintiff is entitled to an amount of damages that will put the plaintiff in the position he or she would have been in but for the accident. At the same time, compensation must be fair to both the plaintiff and the defendant. Double recovery is not permitted. An exception to the rule of double recovery is a situation where the plaintiff has purchased private insurance that provides payments in certain contingencies: Cunningham v. Wheeler, 1994 CanLII 120 (SCC), [1994] 1 S.C.R. 359.
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