Is it an injustice to allow a claim to proceed while preventing the defence to pursue a counterclaim?

Manitoba, Canada


The following excerpt is from TDL Group (The) v. Zabco Holdings Inc. et al, 2007 MBQB 303 (CanLII):

A similar conclusion was reached in Gray v. Powerassist Technologies Inc., 2001 BCSC 1208: ¶29 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 [which] 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 and 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. (ii) the facts

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