Is there any reason why a learned trial judge was wrong in treating a counterclaim as admitted?
Saskatchewan, Canada
The following excerpt is from Morgan v. Macdonald, 1924 CanLII 88 (SK CA):
And it was these statements of fact in the defence that defendant repeated in his counterclaim and on which he based his claim for judgment. I am therefore of the opinion the learned trial Judge was wrong in treating the counterclaim as admitted, and giving the defendant judgment thereon, as he did, when these very facts are treated as denied by the Rules (Smith v. Ransom, 18 O.W.R. 916).
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