Can a defendant join a counterclaim against the named plaintiff as a party against whom the counterclaim is brought?
British Columbia, Canada
The following excerpt is from Madco Investments Ltd. v. Western Tank & Lining Ltd., 2017 BCSC 219 (CanLII):
Under Rule 3-4(2), if a "counterclaim … raises questions between the defendant bringing the counterclaim and a person other than the plaintiff, the defendant may join that other person as a party against whom the counterclaim is brought" (emphasis added). As long as the counterclaim makes a claim against a named plaintiff to the civil claim, the defendant may add other persons if there is a nexus between the issues raised in the claim and these other persons: see Sidhu v. Arora, 2012 BCSC 89, at para. 9.
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