How much can a defendant deduct from a plaintiff’s set-off?
Newfoundland and Labrador, Canada
The following excerpt is from Thorne v. College of the North Atlantic, 2021 NLSC 74 (CanLII):
In other words, if the plaintiff succeeds in proving his or her claim, and the defendant succeeds in proving his or her defence of set-off, the defendant will be able to deduct the amount of its set-off up to the amount of the plaintiff’s award but not amounts in excess of the plaintiff’s award. This is in contrast to a counterclaim, which, because it is an independent cause of action, is “not governed by the same rules or subject to the same limitations” as a set-off (Beddall v. Maitland, [1879] 17 Ch. D. 174 at 178). […]
"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 Bourque and Thiessen approaches to determining whether a plaintiff was injured as a result of the collision between two defendants? (Newfoundland and Labrador, Canada)
Can disability benefits be deducted from damages for wrongful dismissal? (Newfoundland and Labrador, Canada)
When a plaintiff succeeds on one cause but fails on two other causes of action but loses out on the other two? (Newfoundland and Labrador, Canada)
In what circumstances will a defendant be liable for damages if he causes damage to another person’s property? (Newfoundland and Labrador, Canada)
Is there any case law where a plaintiff has been awarded damages for personal injury damages in a motor vehicle accident? (Newfoundland and Labrador, Canada)
In what circumstances have courts found that a defendant has not used a vehicle as a weapon in a sexual assault case? (Newfoundland and Labrador, Canada)
Is a defendant entitled to be indemnified by an insurer? (Newfoundland and Labrador, Canada)
What is the test for determining whether a defendant is liable for loss of income as a result of their negligence? (Newfoundland and Labrador, Canada)
What factors, if any, should have been considered by the trial judge in the case of a plaintiff who refused to receive an injection to treat her arthritis? (Newfoundland and Labrador, Canada)
Is a payment for a medical report respecting a potential plaintiff’s injuries not a payment in respect of that cause of action? (Newfoundland and Labrador, Canada)
