What is the test for legal set-off?

Alberta, Canada


The following excerpt is from 1297835 Alberta Ltd. v. Xtreme Coil Drilling Corp., 2010 ABQB 539 (CanLII):

The parties are agreed that legal set-off has no application. They also agree that the availability of equitable set-off is determined by the following principles in Telford v. Holt (1987), 1987 CanLII 18 (SCC), 41 D.L.R. (4th) 385 (S.C.C.): 1. The party relying on a set-off must show some equitable ground for being protected against his adversary’s demands; 2. The equitable ground must go to the very root of the plaintiff’s claim before a set-off will be allowed; 3. A cross-claim must be so clearly connected with the demand of the plaintiff that it would be manifestly unjust to allow the plaintiff to enforce payment without taking into consideration the cross-claim; 4. The plaintiff’s claim and the cross-claim need not arise out of the same contract; 5. Unliquidated claims are on the same footing as liquidated claims.

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