Canada Case Law

Finley Brophy Trucking Limited v. Kelly

Court

Nova Scotia Small Claims Court

Partial payment in the form of the defendant's labour in March–April 2024 constituted part payment/acknowledgement under s.20(11) of the 2014 Act and restarted the two-year limitation period, rendering the claimant's July 2025 claim timely; the defendant's 2014 counter-claim is barred by the old Act because it fell outside the six-year limitation and beyond the four-year hard cap in s.3(6), so it must be dismissed.

Source excerpt

• Statute of limitations
• Acknowledgement of debt
• Partial payment
• Counter-claim
• Application of former and current limitation acts

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XTL Inc. v. FPS Food Process Solutions Corporation

Court

Supreme Court of British Columbia

The court allowed XTL’s claim for return of a deposit subject to set-off, limited FPS’s recoverable project costs to expenses incurred by January 5, 2016, and dismissed FPS’s counterclaim for lost profits.

• Reliance damages
• Expectation damages
• Mitigation of damages
• Set-off
• Credibility
• Currency conversion

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Ohman v. Synq Access + Security Technology Limited

Court

Supreme Court of British Columbia

Summary trial judgment granted for a $225,000 promissory note debt, with contractual interest. The expenses claim was left for trial, and no stay of execution was ordered.

• Promissory note
• Demand loan
• Summary trial on affidavits
• Equitable set-off
• Legal set-off
• Contractual interest

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Certified Coating Specialists Inc. (Re)

Court

Supreme Court of British Columbia

The court dismissed a trustee’s application for holdback funds, finding CCS had no present entitlement to payment because substantial performance had not occurred.

• Holdback funds
• Substantial performance
• Contractual set-off
• Equitable set-off
• Trusts impressed on holdback
• Proofs of claim

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Connor Financial Services International Inc. v. Carver

Court

Supreme Court of British Columbia

Costs reasons on a set-off dispute: the defendants were the successful parties, obtained Scale B costs, double costs for four hearing days, and some disbursements were disallowed.

• Offer to settle (rule 9-1)
• Double costs
• Joint and several liability for costs
• Summary assessment of costs
• Set-off election
• Assessment of disbursements

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Arminak & Associates Inc. v. Apollo Health and Beauty Care

Court

Court of Appeal for Ontario

The appeal is dismissed because the motion judge reasonably exercised his discretion in granting summary judgment where the appellants failed to produce evidence of damages to support a set-off, and it was not inconsistent to dismiss the set-off while allowing the counterclaim to proceed in the circumstances.

Source excerpt

• Discretionary review
• Evidence of damages
• Consistency between defence and counterclaim

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Kays v. N.A. Brown Holdings Ltd.

Court

Supreme Court of Nova Scotia

The motion was dismissed because the applicant failed to prove the asserted set-offs and unjust enrichment on the affidavit record; the bulk of the claims are unliquidated and raise disputed facts and credibility issues that require a full trial, so a redemption order under CPR 72.16 was not granted.

Source excerpt

• Redemption order
• Set-off
• Summary determination vs trial
• Accounts and inquiries
• Taxing costs

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Barkhouse v. Wile

Court

Nova Scotia Court of Appeal

The Court rejected a categorical prohibition on set-off of child support and held that a discretionary, fact‑sensitive approach is required: where the debt arises in connection with the support litigation, there is no realistic prospect of collection from the payee, there would be no adverse effect on the children, and it would not be inequitable, a court may order set-off of child support against costs; applying those factors to the facts, the trial judge did not err and the set-off order was upheld, so the appeal was dismissed.

Source excerpt

• Set-off of child support against costs
• Prospective vs arrears set-off
• Priority of child support
• Enforcement of costs
• Judicial discretion in family law

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Ocean Mechanical Inc. v. Solid Homes Construction Ltd.

Court

Nova Scotia Small Claims Court

On the balance of probabilities the adjudicator accepted the September 10, 2008 agreement as the operative contract for $79,000 plus HST, allowed specified extras (invoice 249), accepted certain credits supported by evidence (booster fans $2,661.15; heat pumps material $8,181.86 plus installation $2,782.54; Fantech $1,841.90; ductwork $15,594.00; deficiencies $932.35), rejected the defendant's broad damages claim for lack of support, computed total credits of $31,993.80 against amounts claimed and found an overpayment in favor of the defendant of $1,511.49, and declined to award costs.

Source excerpt

• Contract interpretation
• Payment and credits
• Delay and deficiencies
• Counterclaim
• Quantification of damages

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Re Taylor Ventures Ltd. (Claim of Dextras)

Court

Supreme Court of British Columbia

The court held that the trustee could set off assessed costs against an interim bankruptcy dividend, and that the assignee took subject to those equities.

• Interim dividend
• Assignment of chose in action
• Trustee set-off
• Certificates of costs
• Builders lien
• Bankruptcy

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