PART 4Actions (continued)
Pleadings in an Action (continued)
Marginal note:Alternative claims or defences
178 A party may plead claims or defences in the alternative.
Marginal note:Subsequent facts
179 A party may plead a fact that occurs after the commencement of an action, even though the fact gives rise to a new claim or defence.
Marginal note:Inconsistent pleading
180 A party may plead an allegation of fact, or raise a new ground of claim in a pleading, that is inconsistent with a previous pleading only if the party amends the previous pleading accordingly.
Marginal note:Further and better particulars
(2) On motion, the Court may order a party to serve and file further and better particulars of any allegation in its pleading
Statements of Claim
Marginal note:Claims to be specified
182 Every statement of claim, counterclaim and third party claim shall specify
(a) the nature of any damages claimed;
(b) where monetary relief is claimed, whether the amount claimed, exclusive of interest and costs, exceeds $50,000;
(c) the value of any property sought to be recovered;
(d) any other specific relief being claimed, other than costs; and
(e) whether the action is being proceeded with as a simplified action.
183 In a defence or subsequent pleading, a party shall
(a) admit every allegation of material fact in the pleadings of every adverse party that is not disputed;
(b) where it is intended to prove a version of facts that differs from that relied on by an adverse party, plead that version of the facts; and
(c) plead any matter or fact that
Marginal note:Deemed denial
Marginal note:Proof not required
(2) Unless denied by an adverse party, it is not necessary that a party prove
Marginal note:Effect of denial
185 Where a party alleges an agreement in a pleading, a bare denial of the agreement pleaded by another party shall be construed only as a denial of the making of the agreement or of the facts from which such an agreement may be implied and not as a denial of the legality or legal sufficiency of the agreement.
186 Where a claim to a sum of money, including a sum that is not ascertained, is relied on as a defence to all or part of a claim made by an adverse party, it may be included in a defence as a set-off against the claim, whether or not it is also added as a counterclaim.
Marginal note:Judgment for balance
187 Where judgments in an action and in a counterclaim are given at the same time, the Court may set off the amount of one award against the other, without prejudice as to costs.
Marginal note:Defence of tender
188 Subject to section 31.2 of the Crown Liability and Proceedings Act, a defence of tender before action may not be pleaded unless the defendant has paid into court the amount alleged to have been tendered.
Marginal note:When available
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
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.
Marginal note:Time for third party claim
195 A third party claim against a co-defendant shall be served and filed within 10 days after the filing of the statement of defence.
Marginal note:Third party claim against non-defendant
Marginal note:Copy of pleadings
(2) A third party claim served on a person who is not already a party to the action shall be accompanied by a copy of all pleadings filed in the action.
Marginal note:Time for defence to third party claim
Marginal note:Rights and obligations of third party
(2) A third party defending the plaintiff’s claim against the defendant has the same procedural rights and obligations in the action as the defendant, including those in respect of discovery, trial and appeal.
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