Federal Courts Rules (SOR/98-106)

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.

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.