Can a set-off of damages be set off against the amount owing to the applicant?
British Columbia, Canada
The following excerpt is from Kim v. Cornish, 2019 BCCRT 130 (CanLII):
13. I find that there is insufficient evidence before me to permit me to consider the possibility that the respondent has incurred damages that could be set-off against the amount owing to the applicant (see Wilson v. Fotsch, 2010 BCCA 226 for the applicable criteria for an equitable set-off).
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