FORM 27B

COUNTERCLAIM

(AGAINST PLAINTIFF AND PERSON NOT ALREADY PARTY TO MAIN ACTION)

(Where all defendants to the counterclaim are already parties to the main action, use Form 27A).

(General Heading — Form 4A)

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

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 Manitoba lawyer acting for you must prepare a defence to counterclaim in Form 27C prescribed by the King's Bench Rules, serve it on the plaintiff by counterclaim's lawyer or, where the plaintiff by counterclaim does not have a lawyer, serve it on the plaintiff by counterclaim, and file it in this court, WITHIN 20 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 another province or territory of Canada or in the United States of America, the period for serving and filing your defence is 40 days. If you are served outside Canada and the United States of America, the period is 60 days.

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

(Where the counterclaim is for money only, include the following:)

IF YOU PAY THE AMOUNT OF THE COUNTERCLAIM AGAINST YOU, and $250 for costs, within the time for serving and filing your defence to counterclaim, you may move to have the counterclaim against you dismissed by the court. If you believe the amount claimed for costs is excessive, you may pay the amount of the counterclaim and $250 for costs and have the costs assessed by the court.

(Date)	Issued by

Registrar

Address of court office

TO:	(name and address of defendant

to the counterclaim who is not

already a party to the main action)

(name and address of lawyer for

other defendant to the counterclaim

or of other defendant to the counterclaim)

(The counterclaim is to follow the last paragraph of the statement of defence. Number the paragraphs in sequence commencing with the number following the number of the last paragraph of the statement of defence).

COUNTERCLAIM

The defendant (name if more than one defendant) claims: (State here the precise relief claimed).

(Then set out in separate, consecutively numbered paragraphs each allegation of material fact relied on to substantiate the counterclaim).

(Where a defendant to the counterclaim who is not already a party to the main action is to be served outside Manitoba without a court order, set out the facts and the specific provisions of Rule 17 relied on in support of such service).

(Date of issue)	(name, address and telephone number of plaintiff by counterclaim's lawyer or plaintiff by counterclaim)