In what circumstances will a plaintiff be successful in his equitable set off claim?
Ontario, Canada
The following excerpt is from Speciale v. Giardino, 2012 ONSC 1876 (CanLII):
Quite apart from these considerations, in order for the plaintiff to establish that he is entitled to advance a claim for equitable set off, he must establish that there is some equitable ground for being protected from the costs orders and that ground must go to the root of the plaintiff's claim: Holt v. Telford, 1987 CanLII 18 (SCC), [1987] 2 S.C.R. 193.
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