Double Recovery Definition:

Also known as double dipping.

In Boston v Boston, Justice Major of Canada's Supreme Court wrote, at ¶1:

"Double recovery or double dipping are terms that have come to describe the situation where, after an equal division of assets on marriage breakdown, one spouse claims continued support from the previously divided or equalized assets of the other spouse.  This usually arises, as here, when a pension is involved."

Similarly, in Brown v Rae, Justice Coutu of the Alberta Court of Queen's Bench wrote, at ¶94:

"The concept of double dipping or double recovery usually arises in pension cases. The argument is that double dipping occurs when a pension that has been distributed as an asset in a matrimonial property division, is sought to be divided as income on a support application, at a later date, when the pension is paid. The party who owns the pension in effect can end up dividing the asset twice - once as property and once as income."

For example, a person who seeks and obtains permanent disability benefits as a result of a workplace injury and then seeks also to receive full retirement benefits even while and overlapping with disability benefits.

REFERENCES:

• Boston v Boston, 2001 SCC 43
• Brown v. Rae, 2001 ABQB 809
• Mansell v. Mansell, 490 US 581 (1989)