How has the respondent been set off in a claim for overcharged on previous invoices from the applicant?

British Columbia, Canada


The following excerpt is from West Core Metal Works Ltd. v. Winspia Windows (Canada) Inc, 2019 BCCRT 1452 (CanLII):

12. Although the respondent states that it was overcharged on previous invoices from the applicant, it did not file a counterclaim or provide any evidence to support this submission. In particular, the respondent did not provide copies of the impugned invoices or a report from another metal work professional to support the suggestion that the time charged for each task was excessive or outside the agreed-upon scope of work. I find that there is insufficient evidence for me to consider the possibility that the respondent has incurred damages that could be set-off against the amount owing to the applicant (see Wilson v. Fotsch, 2010 BCCA 226 for the applicable criteria for an equitable set-off).

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