What is the test for extending the time for filing a counterclaim after the time has expired?
British Columbia, Canada
The following excerpt is from Raven v. A&W Ranching Limited, 2014 BCSC 1359 (CanLII):
In Smith v. British Columbia, 2010 BCSC 928, Madam Justice Gray recently considered the law in respect of extending the time for filing a counterclaim after the time has expired. At para. 15, she framed the application as raising two issues: 1) is the claim in the proposed counterclaim “related to or connected with the subject matter of” the plaintiff’s claim? 2) should the court exercise its discretion to extend the period for issuance of the counterclaim?
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