Is there a proper equitable setoff for a cross-claim?
Alberta, Canada
The following excerpt is from Five Oaks Inc. v. 784566 Alberta Ltd., 2000 ABQB 152 (CanLII):
It is important to recognize the issues at this stage do not relate to the actual validity of the cross-claim, but rather the prospective validity. Holt v. Telford, supra, dealt with the determination of the setoff and not the preliminary determination of whether such a claim had prospective merit. In my view, at this stage, whether there is or is not a proper equitable setoff is not for me to decide. Rather, I must be concerned with whether there is a possible equitable setoff.
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