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Counterclaim

A defendant's claim against a plaintiff.

A counter document filed by a defendant who, in addition to seeking to defend against a statement of claim, wishes to make his own separate and independent claim against the plaintiff for some cause of action related enough with the statement of claim, or flowing from the facts contained therein, such that it ought to be, and is conveniently joined and heard at the same time as the trial on the statement of claim.

It is not just a set-off and is not a defence, although in practice it can act as a factual and tactical buttress against the claim.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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