76Counterclaims

76 Counterclaims (1) This section applies to a counterclaim for damages or other relief in respect of an alleged police tort committed by a police officer or protective services officer that is made by a person in a legal proceeding brought by the officer against that person. (2) The person may seek to have the State joined to the proceeding. (3) Nothing in this section prevents the State from pleading in its defence to the counterclaim that— (a) the State would not be liable for the alleged tort, if proven, because of section 74(2); or (b) the alleged tort, if proven, would not be a police tort.