How much can a defendant deduct from a plaintiff’s set-off?

Newfoundland and Labrador, Canada

The following excerpt is from Thorne v. College of the North Atlantic, 2021 NLSC 74 (CanLII):

In other words, if the plaintiff succeeds in proving his or her claim, and the defendant succeeds in proving his or her defence of set-off, the defendant will be able to deduct the amount of its set-off up to the amount of the plaintiff’s award but not amounts in excess of the plaintiff’s award. This is in contrast to a counterclaim, which, because it is an independent cause of action, is “not governed by the same rules or subject to the same limitations” as a set-off (Beddall v. Maitland, [1879] 17 Ch. D. 174 at 178). […]

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