What is the test for equitable setoff?
Ontario, Canada
The following excerpt is from Khalid v. 1108915 Ontario Ltd., 2005 CanLII 22219 (ON SC):
Defendant’s counsel in his submissions made reference to the leading Canadian case on the subject of equitable setoff, Telford v. Holt (1987), 1987 CanLII 18 (SCC), 41 D.L.R. (4th) 385, (S.C.C). I am satisfied that the claim for equitable setoff arose out of a series of events that were connected in such a way that the remedy is appropriate. Disposition
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