What is the difference between a claim and counterclaim?
British Columbia, Canada
The following excerpt is from Integrated Contractors Ltd. v. Leduc Development Ltd., 2009 BCSC 965 (CanLII):
In my view, the following analysis of Joyce J. in Gray v. Powerassist Technologies Inc. at para. 29 applies equally to the case at bar: In my opinion, the claim and counterclaim are so intertwined that it would constitute an injustice to permit the claim to proceed while stifling the ability of the defendants to pursue a counterclaim is founded on the same facts upon which the defence is dependent. While the claim and counterclaim clearly have some distinct features, particularly with respect to the nature of quantum of damages, both proceedings have their genesis in the same agreement and its termination. Both proceedings depend on a determination of which of the two parties was at fault in the termination of the agreement.
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