Sentences with phrase «double recovery»

The one important caveat to this conclusion was that it applied «provided that there was no real risk of double recovery».

They say that to allow a capital sum as part of the award to fund expenses that will eventually be repaid by a government funded programme will result in double recovery.

The evidence before me satisfies the exception to the rule against double recovery based on need.

While this is just the passage on double recovery, the highlighted term can nevertheless be understood to be a description of the recovery the first sentence allows.

His receipt of both damages after the trial and future collateral benefits for the same expenses would constitute double recovery.

The court upheld the trial judge's allocation — even though it was done as a lump sum under multiple benefit categories — because she adhered to the policy objective set out in the Insurance Act of avoiding double recovery.

Basandra V. Sforza: How the Courts Are Preventing Double Recovery in Accident Benefit Settlements

Its object is to narrow the scope of the common - law collateral benefits rule to reduce potential double recovery for loss of income.

Canada also argues the IAP Documents serve as proof of the resolution of claims and are needed to prevent double recovery by claimants.

That permits the avoidance of double recovery through the deduction of state benefits, such as under the Social Security Recovery of Benefits Act 1997 and it also takesinto account any interim payments made under a victims comprehensive policy of insurance.

How is double recovery fairly avoided?

She persuaded the court that, without the disclosure, she risked having to make a payment which could give the claimants a wrongful or alternatively double recovery.

«The amendment was intended to stop insured parties from receiving double recoveries, not to complicate the inured party's ability to obtain payment for medical - related expenses.»

Double recovery violates this principle.

Allowing indirect purchaser claims requires allowing the passing - on defence, or tolerating double recovery.

Therefore, the courts are reluctant to award both moral and punitive damages and will do so only in exceptional cases, because of the concern that an award of both would represent double recovery for the plaintiff.

In that case, Mr. Justice Willcock found there was no risk of double recovery as the evidence showed that the program was intended to be an insurer of last resort and would not provide benefits where a tort award provided compensation for those costs.

[34] In tort law, where there are multiple causes of injuries, the Court must determine whether the injuries are divisible or indivisible when assessing whether double recovery principles will apply: Athey v. Leonati, [1996] 3 S.C.R. 458 and E.D.G. v. Hammer, 2003 SCC 52.

It was noted, however, that PharmaCare had made submissions on this issue and so was aware of any potential tort award, making double recovery unlikely (see: paras. 160 - 162).

Consequently, to avoid Ms. Watkins» unjustified double recovery, the defendants contend these costs should be deducted from any cost of future care award.

The Additional Insurance Clause is what forbids you from getting double recovery.

G.L. c. 152, § 15, is designed to reimburse the insurer and prevent double recovery to the plaintiff.

If the extended health carrier does not pursue subrogation you may be entitled to double recovery for the expenses, once from the extended health carrier and once from ICBC.

[51] Boston sets out a general rule against double recovery; that is, spousal support should not be paid out of pension income from a pension that has already been divided as part of the property division between the spouses.

The decision by FERC to no longer allow MLPs to recover an income tax allowance from cost - of - service tariffs came in response to a 2016 court ruling that found its long - standing tax policy could result in double recovery of costs.

Justice Laskin refused to reduce the $ 200,000 for aggravated damages against the employer or remove it on the basis of double recovery.

In 2004, the Alberta legislature altered the law of «double recovery» through amendments to the Insurance Act such that plaintiffs in motor vehicle personal injury actions would face deductions from damages awards with respect to certain defined benefits they received.

The legal backdrop is the law of «double recovery» or «collateral benefits» in personal injury actions.

This is to avoid double recovery.

Double recoveries in asbestos litigation, from both bankruptcy trusts and tort litigation, are under increased scrutiny by the judicial system.

[38] Ms. Ellis on behalf of the wife argues that the case at bar is «on all fours» with Boston and that double recovery may be avoided here by «focussing» on the undivided portion of the husband's annuity.

To avoid double recovery, the court should, where practicable, focus on that portion of the payor's income and assets that have not been part of the equalization or division of matrimonial assets when the payee spouse's continuing need for support is shown (see Hutchison, supra, at para. 9).

The purpose of s. 267.8 of the Insurance Act is to avoid double recovery.

(ii) «Double recovery» of expenses is also possible in successive periods.

(i) «Double recovery» of expenditure is difficult to establish but clearly possible.

There is no risk that there is any chance for double recovery of these disbursements by these claimants and I reiterate they are subject to the test of reasonableness.

Honest clients typically recoil at this notion: «Isn't a double recovery immoral or even illegal?»

Its implication is that the no refl ective loss principle does not operate as a universal rule, but merely bars a shareholder's claim if the case is either of a type contemplated in Johnson v Gore Wood, or if recovery by the shareholder would infringe the policy considerations (double recovery and creditor protection) identified in Johnson v Gore Wood.

-LSB--RSB- It is plain that the legislative intention is to prevent double recovery, that is, to prevent a plaintiff from recovering the same amount of monies both by way of the defendant through a tort action and by way of no - fault insurance coverage.

Often times, firefighters and police officers may be entitled to other rights and benefits outside of the workers» compensation laws that require a coordination of benefits so as to maximize any potential exposure to offsets or double recovery.

In support of that proposition they rely upon cases that establish that while the principal goal of the tort compensation system is to ensure that injured individuals are made whole, insofar as possible, by compensation, a secondary objective of the system is to avoid double recovery.

'» Relevant considerations include the «' reasonableness between the damages sustained and the amount of the award and the measurement of punishment required, whether the award will amount to double recovery, the proportionality between the compensatory and punitive damages, and the ability of the defendant to pay.