Set Off Clause
Set-off | Practical Law Canada
Equitable set-off. This is available to a debtor outside the context of litigation where his cross-claim arises from the same transaction (or a closely related ...
Holt v. Telford - SCC Cases (Lexum)
Equitable set‑off is available where there is a claim for a money sum, whether liquidated or unliquidated, notwithstanding assignment. There is no requirement of ...
The Law of Set-Off - "I Don't Owe You Because You Owe Me"
It described equitable set-off as being available provided that there is a ...  Mr. Justice Stinson of the Ontario Superior Court of Justice commented on the ...
inequity in equitable set-off: telford v holt revisited - The ...
by CBJ Lothian - 2016 - Related articlesunderstand the contours of equitable set-off. Consider, for example, the arena of secured transactions. Ontario's Personal Property Security Act provides that a ...
Set Off Rights: Recovering Goods or Proceeds from a ...
Dec 17, 2013 - Equitable set-off is available where a supplier is unable to meet the criteria for legal set-off, but there is a relationship between the parties such ...
law reform commission of british columbia report on set-off lrc ...
Proceedings had been commenced in Ontario concerning rights to family property. ... The general rule is that equitable set-off is available only when there is an ...
Equitable set-off - Bryan Cave Leighton Paisner
Oct 6, 2016 - Summary. Customers of a company in administration were entitled, as against a factor, to exercise equitable set-off in respect of entitlements to ...Missing: ontario | Must include: ontario
Set-off in Insolvency - assets.kpmg
equitable set-off which describe the basic principles which a court will ... The Ontario Superior Court of Justice dismissed a creditor's motion for a declaration that ...
I can't even do that? The effect of ... - Canadian Bar Association
Nov 22, 2016 - The effect of a CCAA stay on a creditor's right of set-off ... Equitable setoff, and the determination of what claims meet these tests is the subject ... While the court expressed skepticism about the Ontario decision in Air Canada, ...
setoff | Mississauga - Speigel Nichols Fox LLP
Sep 10, 2015 - 1557359 Ontario Inc., a 2012 Ontario Superior Court of Justice decision. Debt ... There are two types of setoff: legal and equitable. A legal setoff ...
The Basics: What Is Set Off And When Does The Right To Set ...
Aug 8, 2019 - Equitable set off (also sometimes known as transaction set off). This only applies to closely connected claims, where it would be manifestly ...
Equitable Set-off in Ontario Superior Court Proceedings ...
Dec 2, 2015 - The defense is equitable set-off and the Supreme Court of Canada in Holt v. Telford (1987) 2 S.C.R. 193 at p. 212 set out the relevant principles ...
A Set-Off in Litigation: A Shield or a Sword - Milosevic Fiske LLP
Jan 3, 2019 - Finally the availability of an equitable set-off must not create an inequity in itself. As was said by the Ontario Court of Appeal (OCA) in Algoma ...
The Defence of Set-Off and Limitation Periods
Aug 13, 2018 - Equitable set-off, as a “true substantive defence” is not subject to a ... Mirtech, Justice Belobaba of the Ontario Superior Court of Justice ...
Equitable set-off principles applied to separate but connected ...
Equitable set-off principles applied to separate but connected contracts. Ontario civil | Bankruptcy and Insolvency | Proving claim | Practice and procedure. Share.
What is set off and when does the right arise? | Gowling WLG
Jump to Equitable set off - What is set off? Contractual set off; Banking set off; Insolvency set off; Legal set off; Equitable set off; Is set off the same as a ...
equitable set off | Thomas G. Heintzman and Construction Law ...
Aug 8, 2016 - The Ontario Court of Appeal recently considered the scope of the right of set-off under the trust fund sections of the Ontario Construction Lien ...
Recent Developments in the Law of Set-off - Osler, Hoskin ...
by AR Anderson - Cited by 1 - Related articlesJan 11, 2010 - In the 1924 decision Re McMurtry, the Ontario Supreme Court in Bankruptcy considered ... or equitable set-off, the discharge of mutual debts.
equitable set-off Archives - Hull & Hull LLP
Two claims arose – the wife demanded payment of the specific bequest and the Estate Trustees claimed an equitable set off of the specific bequest pending the ...
Set-off - IsThatLegal
212. It is a way of raising, as a defence, a plaintiff's liability to take into account a loss it occasioned to the defendant in reduction of the plaintiff's claim. It is often referred to as a “claim for equitable set-off”: Canada Trustco Mortgage Co. v.
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