Is equitable set-off available where there is a claim for a money sum, whether liquidated or unliquidated, notwithstanding assignment?
Saskatchewan, Canada
The following excerpt is from Mometal Inc. v. Sun Construction Co. Ltd., 1989 CanLII 4438 (SK CA):
In the light of Holt v. Telford, supra, one can now say that equitable set-off is available where there is a claim for a money sum, whether liquidated or unliquidated, notwithstanding assignment. There is no requirement of mutuality. An individual could (1) setoff against the assignee a money sum which accrued and became due prior to the notice of assignment, and (2) setoff against the assignee a money sum which arose out of the same contract or series of events which gave rise to the assigned money sum or was closely connected with that contract or series of events.
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