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action for damages added affidavit Affirmed agreement alleged allowed Alta application to strike B.C. Elec Bank Bank of Montreal breach cause of action co-defendant contract Corpn costs counsel counterclaim County Court Court of Appeal defendant defendant company defendant's delivered disclosed discretion dismissed embarrassing entitled evidence fendant filed fraud given granted ground held indemnity issue joinder joinder of issue joined judgment Judicature Act jurisdiction jury notice jury trial leave to amend matter ment of claim misjoinder motion to strike necessary negligence nonsuit notice of trial objection Ontario paragraph particulars party defendant person place of trial plain plaintiff plaintiff claimed plea pleading proceedings proper question of law raised reason refused relief reply reversing Rule Sask solicitor sought statement of claim statement of defence statute Statute of Frauds struck sued third party notice tiff tion Toronto trial Judge Trust venue verdict writ writ of summons