What is the test for set-off as a defence?
Alberta, Canada
The following excerpt is from Alberta Agricultural Development Corp. v. Pullishy, 1990 CanLII 5901 (AB QB):
It is unnecessary to get into an extensive discussion about set-off as a defence. Set-off as a defence occurs in only two situations: (1) legal set-off; (2) equitable set-off. The matter is amply discussed in numerous decisions, including Aboussafy v. Abacas Cities (1981), 1981 ABCA 136 (CanLII), 29 A.R. 607 (C.A.).
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