Is there any case law in which a plaintiff can claim set-off for costs of repair, replacement and loss of business opportunity?
Saskatchewan, Canada
The following excerpt is from Best v. Hanna, 2000 SKQB 107 (CanLII):
The plaintiffs’ material establishes a debt owing. There was no denial of this but rather a claim of set-off for costs of repair, replacement and loss of business opportunity. Counsel for the plaintiff argued there must be mutuality of debts for set-off to arise. This is not so. Holt v. Telford, 1987 CanLII 18 (SCC), [1987] 2 S.C.R. 193.
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