What are the conditions precedent for an equitable set off?
Ontario, Canada
The following excerpt is from 1808059 Ontario Limited v. Galaxy Entertainment Inc., 2015 ONSC 1214 (CanLII):
The conditions precedent for the granting of the remedy of an equitable set off are: a) there must be some equitable basis to resist the plaintiff’s claim; b) the equitable ground must go to the essence of the plaintiff’s claim; and c) it would be manifestly unjust to enforce the plaintiff’s claim without taking into consideration the defendant’s claim. Telford v. Holt, 1987 CanLII 18 (SCC), [1987] 2 S.C.R. 193 [1987] S.C.J. No. 193, (S.C.C.)
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