Can a plaintiff be both a defendant and a plaintiff in the same proceeding?
British Columbia, Canada
The following excerpt is from Wiseman et al. v. HMTQ et al., 2006 BCSC 1708 (CanLII):
In my opinion, however, there is a crucial distinction between Guss v. Daigle and the present case: in the former, none of the claimants was also a defendant. There is another rule of practice, that one person cannot be both plaintiff and defendant in the same proceeding. To the extent that this is a mere rule of practice it would again be possible to override it if the justice of an exceptional case required it.
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