What are the principles of equitable set-off in a foreclosure proceeding?
British Columbia, Canada
The following excerpt is from 1026238 B.C. Ltd. v. Pastula, 2016 BCSC 1812 (CanLII):
Mr. Justice Gaul summarized the principles of equitable set-off in foreclosure proceedings in Learie v. Garg, 2010 BCSC 1938 at paras. 31-32, 85 B.L.R. (4th) 144 [Learie], outlining:
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