Marginal note:When available
189. (1) A defendant who claims to be entitled to relief against a plaintiff may make a counterclaim instead of bringing a separate action.
Marginal note:Statement of defence and counterclaim
(2) A counterclaim shall be included in the same document as the statement of defence.
Marginal note:Style of cause
(3) A statement of defence and counterclaim shall contain a second style of cause identifying the plaintiff by counterclaim and the defendants to the counterclaim.
Marginal note:Counterclaim may proceed independently
190. A counterclaim may be proceeded with notwithstanding that judgment is given in the action or that the action is stayed or discontinued.
Marginal note:Counterclaim against person not already a party
191. (1) Where a defendant who counterclaims alleges that a person who is not a party to the action is liable to the defendant along with the plaintiff in respect of the subject-matter of the counterclaim, the defendant may join that person as a defendant to the counterclaim.
Marginal note:When counterclaim to be issued
(2) Where a defendant adds a person who is not already a party as a defendant to a counterclaim, the defendant's statement of defence and counterclaim shall be
(a) issued within the time set out in rule 204 for the service and filing of a statement of defence; and
(b) served on the person and on the other parties within 30 days after it is issued.
Marginal note:Defence to counterclaim
192. (1) A defendant to a counterclaim who is already a party to the action shall defend the counterclaim by serving and filing a defence to counterclaim within 30 days after service of the statement of defence and counterclaim.
Marginal note:Reply and defence to counterclaim
(2) A reply and a defence to counterclaim by a plaintiff against whom a counterclaim has been made shall be included in the same document.
Third Party Claims
Marginal note:Availability as of right
193. A defendant may commence a third party claim against a co-defendant, or against a person who is not a party to the action, who the defendant claims is or may be liable to the defendant for all or part of the plaintiff's claim.
Marginal note:Where leave of Court required
194. With leave of the Court, a defendant may commence a third party claim against a co-defendant, or against another person who is not a defendant to the action, who the defendant claims
(a) is or may be liable to the defendant for relief, other than that referred to in rule 193, relating to the subject-matter of the action; or
(b) should be bound by the determination of an issue between the plaintiff and the defendant.
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