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Setoff Defence

Posted in Construction

We have discussed setoff on a number of occasions: in the context of a general who sets off against a sub when there are no subsubs claiming (see May 2006 newsletter); in a trust action (see January 2000 newsletter); and as a defence to set off debt on one project against a claim on another (see November 1998 newsletter). In none of these newsletters did we discuss the rules for setoff. We wish to remedy that omission in the context of  D.J. Venasse Construction Ltd. v. MVD Properties Inc., a 2009 decision of the Ontario Divisional Court.

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