Can a party plead inconsistent claims in the statement of claim and defence to a counterclaim?
British Columbia, Canada
The following excerpt is from Gabbs v. Bouwhuis, 2005 BCSC 1782 (CanLII):
Thus a party may plead inconsistent claims in the statement of claim and defence. The party cannot, however, make an alternative claim that is inconsistent in reply or in a defence to a counterclaim. See also Hebert v. Vaughan, [1972] 3 All E.R. 122 (Ch.D.).
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