Author: Sherry Phillips
Company: CAS

FORM 171E - Rule 171

COUNTERCLAIM  AGAINST PLAINTIFF AND PERSON 
NOT ALREADY PARTY TO THE MAIN ACTION

                                                   (General Heading -- Use Form 66)

(Add a second title of proceeding, as follows:)

(Court seal)

AND BETWEEN:

(Name)

Plaintiff by counterclaim

and

(Name)

Defendants to the counterclaim

STATEMENT OF DEFENCE AND COUNTERCLAIM

TO THE DEFENDANTS TO THE COUNTERCLAIM:

	A LEGAL PROCEEDING has been commenced against you by way of a counterclaim in an action in this Court. The claim made against you is set out in the following pages.

	IF YOU WISH TO DEFEND THIS COUNTERCLAIM, you or a solicitor acting for you must prepare a defence to counterclaim in Form 171F prescribed by the Federal Courts Rules serve it on the plaintiff by counterclaim's solicitor, or where the plaintiff by counterclaim is self-represented, serve it on the plaintiff by counterclaim, and file it, with proof of service, WITHIN 30 DAYS after this statement of defence and counterclaim is served on you.

	If you are not already a party to the main action and you are served in the United States of America, the period for serving and filing your statement of defence is 40 days. If you are served outside Canada and the United States of America, the period for serving and filing your statement of defence is 60 days.

	Copies of the Federal Courts Rules information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

	IF YOU FAIL TO DEFEND THIS COUNTERCLAIM, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)

Issued by:_______________________________________
(Registry Officer)
Address of local office:__________________

TO: (Name and address of solicitor or of defendant to counterclaim who is not already a party to the main action)
AND TO:(Names and addresses of other solicitors or parties)

(Separate page)

STATEMENT OF DEFENCE

(Set out statement of defence, in separate, consecutively numbered paragraphs.)

COUNTERCLAIM

(Set out counterclaim, continuing consecutive numbering of paragraphs.)

_____________________________
(Signature of solicitor or defendant)

SOR/2004-283, s. 35