CIVIL PROCEDURE - Pleadings - Institution of proceedings - Petition - Counterclaim, cross-claim and set-off

Law360 Canada (September 20, 2022, 6:02 AM EDT) -- Appeal by Chapman from a decision upholding a master’s order permitting the filing of a counterclaim by the respondent in the appellant’s foreclosure petition under Rule 16-1(18). In the counterclaim, the respondent sought rent and operating expenses it claimed Chapman owed for overstaying in the property for approximately seven months. While the master found that the proposed counterclaim for overholding rent was not a defence to the petition claim for relief, the master found that the claim for payment of rent for overholding or damages arose out of the same commercial relationship as did the foreclosure....
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