Can the defence of a counterclaim be sustained if the counterclaim is successful?
Alberta, Canada
The following excerpt is from Poppies International Inc. v. International Hasco Trading Co., 2008 ABQB 531 (CanLII):
In Murphy Oil the court found that the claim and counterclaim shared some common issues and facts but the defence was not dependent upon the existence of the counterclaim. The counterclaim was not defensive, but in support of a different cause of action. Relying on Ritter v. Hoag, the court found that if the counterclaim were stayed or dismissed the defence would be unaffected.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances have the defence been successful against the defence in argument? (Alberta, Canada)
Is a defendant or defendant by counterclaim success when one side seeks more than they initially sought? (Alberta, Canada)
What is the defence of self-defence in a murder case? (Alberta, Canada)
What is the test for a successful party to be successful in a claim? (Alberta, Canada)
How have the defence treated undertaking 1 and undertaking 2 in the defence? (Alberta, Canada)
What is the purpose of an affidavit in defence of a claim? (Alberta, Canada)
Is there any case law or case law in which a defence counsel has been found to have made out deficiencies in the credibility assessment? (Alberta, Canada)
What is the test for a defence of set-off? (Alberta, Canada)
What is the test for a plaintiff to be held liable for injuries sustained in a motor vehicle accident? (Alberta, Canada)
What is the test for a defence of issue estoppel? (Alberta, Canada)
