What is the functional approach to striking a counterclaim in a personal injury action?
Alberta, Canada
The following excerpt is from Omega Developments Inc. v. Canada Safeway Limited, 2012 ABQB 564 (CanLII):
That same functional approach was applied in the context of counterclaims in Brar v. Pawa, 2010 ABQB 779, 2010 CarswellAlta 2387, 506 A.R. 325, at para. 31(Master), where the court concluded that it would be inappropriate to strike a counterclaim when the action as a whole was being moved towards trial.
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