In what circumstances will a common law court have to set off costs?
Saskatchewan, Canada
The following excerpt is from Stewart v. Lehmann and Hollerbaum, 1925 CanLII 92 (SK CA):
In Reid v. Cupper [1915] 2 K.B. 147, 84 L.J.K.B. 573, at p. 149 of the Law Report, Buckley, L.J., in discussing the jurisdiction that common-law Courts had to set off costs in separate actions, said: Before the years 1832 * * there was recognized what was called an equitable jurisdiction (that is to say, a jurisdiction to do that which was fair) to order a set-off.
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