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The court partly allowed a strike application, striking occupation-rent set-offs but allowing investment-related set-offs and refusing to strike pleading allegations on duress, frustration, and implied term.
The court refused equitable set-off between property/debt obligations and retroactive spousal support arrears, instead ordering a mutual payment arrangement from trust proceeds.
The court set aside a default judgment after finding the defendant’s failure to file was inadvertent, the application was prompt, and there was a defence worth investigating.
Appeal dismissed; summary judgment in favour of the respondent was proper because much of the appellant's evidence was inadmissible hearsay, legal set-off was inapplicable as the appellant's claim was for unliquidated damages, and equitable set-off was unavailable because there were no equitable grounds to protect the appellant given that its representative orchestrated the fraud and the appellant was best placed to detect and prevent it, so the appellant must bear the loss.
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The court granted an order nisi of foreclosure and rejected the respondent’s attempt to convert the matter to an action based on asserted BPCPA and set-off claims.
The Court of Appeal dismissed appeals from an order nisi of foreclosure and a bankruptcy order, rejecting equitable set-off and upholding the Bank’s s. 43 BIA standing.
The court allowed the defendant to withdraw an admission, amend her defence, and pursue fraudulent misrepresentation allegations. The plaintiff’s strike and summary judgment application was dismissed.
The Court dismissed the appeal and held that equitable set-off did not preclude granting partial summary judgment as to the spray foam insulation because the issues were severable; the motions judge was entitled to make factual distinctions as to different services, and the attic insulation and related equitable set-off claims may proceed to trial.
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The Court dismissed the appeal because the motion judge correctly concluded the appellant's equitable set-off was not sufficiently connected to the respondent's claim for unpaid invoices and correctly refused to stay execution; there was no error in the judge's analysis or in application of the relevant tests.
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Supplementary reasons on costs and counterclaim: the court allowed set-off of the Faulkner debt, set aside prior interest on that sum, and fixed costs between the parties.
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