What are the implications of a defendant pleading set-off at the remedy stage of a claim?
British Columbia, Canada
The following excerpt is from McDonald v. McDonald, 2015 BCSC 951 (CanLII):
At the remedy stage, the court must also consider benefits provided by the defendant to the plaintiff, regardless of whether the defendant made a counterclaim or pled set-off. In Wilson v. Fotsch, 2010 BCCA 226 [Fotsch], Huddart, J.A. said at paras. 75-76:
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