The plaintiff had obtained a judgment against the defendant for $100,000 plus interest and a costs award of approximately $35,000. The defendant had also been awarded costs in the amount of approximately $160,000 from the date of an offer it had made and had been given the right to set-off its costs award against amounts owing to the plaintiff. The defendant now applied for a partial stay of execution of the judgment to protect its right of set-off.
Decision: Application dismissed.
Held: The Court rejected the defendant’s application on the grounds that it could have exercised its right of set-off earlier but did not do so.