When will a set-off be set off in a family proceeding?
Yukon, Canada
The following excerpt is from Simon v. Poirier, 2020 YKSC 47 (CanLII):
In coming to the conclusion that a set-off is appropriate in this case, I also considered the decision of Auger v. Chartrand, 2012 SKQB, 363, a family proceeding in which Dawson J. reduced the defendant’s share of the division of the family property by the amount of damages he awarded, in the same file, to the plaintiff against the defendant for the tort of assault and battery. DIVORCE
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