What is equitable set off for a plaintiff in a set off action?
British Columbia, Canada
The following excerpt is from Pollack v. Poznekoff, 2021 BCCRT 9 (CanLII):
26. When the desire set off is closely enough connected with an applicant’s claimed rights that it would be unjust to proceed without permitting a set off, equitable set off may be applied: see Jamieson v. Loureiro, 2010 BCCA 52 at paragraph 34. I find that equitable set off applies here, because the mutual alleged debts address underlying obligations about travel expenses and belongings from the same trip.
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