360Application for summary judgment on counterclaim

360 Application for summary judgment on counterclaim

(1)  Subject to subrule (2) , if a defendant to an action has served a counterclaim on the plaintiff, other than a counterclaim that includes a claim of the type referred to in rule 356(2) , the defendant may apply to a judge for judgment against the plaintiff on the ground that the plaintiff –

(a) does not have a defence to a claim made in the counterclaim or to a particular part of that claim; or

(b) does not have a defence to that claim or part, other than as to the amount of any damages claimed.

(2)  Rules 357 , 358 and 359 apply to an application under subrule (1) as if –

(a) a reference to the plaintiff and defendant were a reference to the defendant and plaintiff, respectively; and

(b) the words "any counterclaim raised by the defendant in the action" in rule 358(2) were replaced with "the plaintiff's action".