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Counterclaim against a plaintiff

11.01. (1) Where a defendant has a claim against a plaintiff in respect of any cause of action, whenever and however arising, the defendant may, instead of bringing a separate proceeding, make a counterclaim in respect of the claim.

             (2)  Unless the Court otherwise orders,

             (a)  a defendant shall add a counterclaim to the defendant's defence and file and serve it with the defence; and

             (b)  a plaintiff shall serve and file the plaintiff's defence to the counterclaim within ten days from the service of the defence and counterclaim on the plaintiff.

1986 c42 Sch D rule 11.01

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Counterclaim against plaintiff and other person

11.02. (1) Unless the Court otherwise orders, where a defendant has a claim, in respect of the subject matter of the counterclaim or the original proceeding, against a plaintiff and any other person, whether or not a party, the defendant may join that person with the plaintiff as defendants to the counterclaim by

             (a)  adding both names to the title of the proceedings as in Form 11.02A;

             (b)  with respect to the plaintiff, complying with the provisions of rule 11.01(2); and

             (c)  with respect to the other person, by filing and personally serving the counterclaim in Form 11.02(A) on the person within ten days from the service of the originating document in the original proceeding on the defendant, or within such further time as the Court may order.

             (2)  A person served with a counterclaim in Form 11.02A becomes a party to the counterclaim from the time of service with the same rights in respect of the defence to the counterclaim or otherwise as any defendant.

1986 c42 Sch D rule 11.02

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Jurisdiction of Court

11.03. A counterclaim is a separate proceeding and the Court may

             (a)  proceed with the counterclaim notwithstanding that judgment may be entered for the plaintiff in the original proceeding, or the original proceeding is stayed, discontinued or dismissed;

             (b)  order that judgment be entered, both on the original claim and counterclaim;

             (c)  where a counterclaim is established against the claim of a plaintiff and there is a balance in favour of one of the parties, order that judgment be entered for the balance, but nothing herein shall affect the Court's discretion with respect to costs;

             (d)  where a counterclaim cannot be conveniently disposed of with the original proceeding, order the counterclaim to be excluded or tried separately, or make such other order as is just;

             (e)  where a defendant does not dispute the claim of a plaintiff in the original proceeding and sets up no defence thereto but sets up a counterclaim, the Court may stay the original proceeding with or without terms until the counterclaim is disposed of; or

              (f)  make such other order as is just.

1986 c42 Sch D rule 11.03

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Application of rules to counterclaim and defence to counterclaim

11.04. The provisions of these rules shall apply, with any necessary modification, to a counterclaim as if the counterclaim were a statement of claim and the defendant making it, the plaintiff, and to the defence to the counterclaim, as if it were a defence and the party making it, a defendant.

1986 c42 Sch D rule 11.04