What is the test for a defence of set-off?

Alberta, Canada


The following excerpt is from P.P.G. Canada Inc. v. Alta Window Mfg. Inc., 1998 ABQB 978 (CanLII):

The Rule does not make all counterclaims a defence of set-off. Set-off, to be a defence, must be legal set-off or equitable set-off: McBride v. Kolenko, (1991) 115 A.R. 348 (M).

Other Questions


What is the defence of self-defence in a murder case? (Alberta, Canada)
In what circumstances have the defence been successful against the defence in argument? (Alberta, Canada)
How have the defence treated undertaking 1 and undertaking 2 in the defence? (Alberta, Canada)
What is the test for a defence of issue estoppel? (Alberta, Canada)
What is the purpose of an affidavit in defence of a claim? (Alberta, Canada)
What is the defence of qualified privilege? (Alberta, Canada)
What is the defence of insanity in criminal cases? (Alberta, Canada)
What is the defence of res judicata? (Alberta, Canada)
Can a defendant rely on the defence of ex turpi causa? (Alberta, Canada)
Is there any case law or case law in which a defence counsel has been found to have made out deficiencies in the credibility assessment? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.