Is there a legal basis for set-off?
Ontario, Canada
The following excerpt is from Adatia v. A. Farber Ltd., 2004 CanLII 23043 (ON SC):
There are three legal grounds for set-off: set-off by agreement, set-off at law, and set-off in equity. The Applicants concede that set-off at law is not available, as the requirement of mutual debts is not met in this case. However, they argue that they have an agreement with Damji which confers a contractual right of set-off. Whether there is such an agreement is a question of fact (Telford v. Holt (1987), 1987 CanLII 18 (SCC), 41 D.L.R. (4th) 385 (S.C.C.) at 391).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal basis for a motion for recusal on the basis of reasonable apprehension of bias? (Ontario, Canada)
What is the legal basis for a conventional wiretap authorizations? (Ontario, Canada)
What is the legal test for having a beneficiary be a child of full legal capacity? (Ontario, Canada)
What are the costs of a plaintiff who was more successful on an overall global basis or on a global basis than on the primary issue? (Ontario, Canada)
What is the legal basis for an annulation of a marriage where one spouse has married the other spouse for the sole purpose of acquiring citizenship status in Canada? (Ontario, Canada)
What is the legal basis for establishing a jurisdiction based on traditional or traditional grounds such as presence or consent? (Ontario, Canada)
Can a court award costs to a party who was more successful on an overall global basis than the other party on a global basis? (Ontario, Canada)
What is the legal basis for a strike? (Ontario, Canada)
What is the test for legal setoff? (Ontario, Canada)
What is the legal basis for the use of a non-compensationary form of support? (Ontario, Canada)
