LEGAL AND EQUITABLE SET-OFFS

Abstract

This article reviews : the current state of the law on the topic of equitable setoff of claims, including the decision of the Supreme Court of Canada. in Telford v. Holt. It is the view of the authors that the principle is framed too broadly . in the current law with the result that the expectations, of contracting parties may be defeated. They suggest an analysis consistent with contract theory that emphasizes the interrelatedness of the claims to which it is sought to apply the set-off.