With regard to the first question, the Court held that, as a general rule, double-dipping should be avoided, suggesting that it would be "unfair to allow the payee spouse to reap the benefit of the pension both as an asset and then again as a source of income." The Court went on to state the following:
In other words, our Supreme Court in grappling with this thorny issue, confirms that where possible, the courts should do all they can to avoid double-dipping, and in general should not base support on the amount of pension earned prior to a property settlement.
So, there it is at least for the time being, the definitive statement on double-dipping from our Supreme Court of Canada.
O'Brien either condones double-dipping now, or he no longer cares about the Police Department and the city's perception, because the above double-dipping practice he decried is now standard procedure in the contracts he recently signed with the police patrolmen and ranking officers unions.
It might not matter to some, but the manager's blatant retreat now from what he has previously trumpeted as a principled stance on the double-dipping issue is troubling to me.
"If you are getting paid for a court appearance, which contractually guarantees you four hours of minimum pay, and you signed out early and Verizon wants to hire you as a paid detail, that is not double-dipping," he said.
The alleged double-dipping involves the officers claiming overtime pay for court appearances while they were either working the day shift and went to court as part of their regular duties, or were on vacation and went to court.