Facts: Surespan Construction Ltd. ("Surespan") alleges a former consultant misappropriated its confidential information and conspired with others, including 216 Heavy Haul Ltd. ("Heavy Haul"), to unlawfully compete in sheet piling for pipeline construction. Heavy Haul, in a separate action, claims Surespan owes $495,589.61 for services provided. Surespan seeks to set off any damages it may be entitled to against the amount claimed by Heavy Haul.

Issue: The legal issue revolves around whether Surespan's defense of equitable set-off in response to Heavy Haul's debt claim is valid, and whether the two actions should be consolidated or tried simultaneously.

Court's Ruling: The court dismissed Heavy Haul’s application to strike out portions of Surespan’s response that plead the defense of equitable set-off. It was decided that the Vancouver Action and Abbotsford Action, involving Surespan and Heavy Haul respectively, should be heard at the same time by the same judge to ensure judicial efficiency and fairness.

Costs/Damages Awarded: Surespan was awarded costs for the applications from Heavy Haul. The amount of these costs was not specified in the document, and the question of damages remains to be determined in the ongoing actions.