Is Respondent to Respondent's Second Counterclaim a cause of action for attorneys fees?

Respondents' second counterclaim (and tenth affirmative defense) is a cause of action for attorneys fees. The respondents claim that they successfully defended two prior non-payment proceedings. However, this is the first non-payment proceeding commenced by the petitioner against the respondents. The two prior proceedings were commenced by the respondent-lessees against the respondent-undertenants. (Burke v. Shokrian, SP6431/96 and SP2076/97). Further there is no common law right to attorneys fees in civil litigation. In order for the respondents to be granted there must be a statutory or contractual

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