How have the courts in England and Wales dealt with a Defendant's counterclaim against a Plaintiff's demand for payment?
Ontario, Canada
The following excerpt is from Inveresk PLC v. Precision Fine Papers Inc., 2008 CanLII 28054 (ON SC):
Applying the principles in Telford v. Holt, supra, I find that the defendant has failed to show some equitable ground for being protected against the plaintiff’s demand, that the defendant has not demonstrated that the equitable ground goes to the root of the plaintiff’s claim and that the defendant’s claim is so clearly connected with the plaintiff’s claim that it would be manifestly unjust to allow the plaintiff to enforce payment without considering the counterclaim. While the facts underlying the claim and counterclaim are related, it cannot be said that there is such a clear connection between the two that to allow the plaintiff to enforce payment without taking into account the counter-claim would be manifestly unjust.
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