Form 23B

Courts of Justice Act

NOTICE OF ELECTION TO PROCEED WITH COUNTERCLAIM

(General heading)

NOTICE OF ELECTION

The defendant elects to proceed with the counterclaim in this action.

(Date)

(Name, address and telephone number of defendant’s solicitor or defendant)

TO (Name and address of plaintiff’s solicitor or plaintiff)

RCP-E 23B (November 1, 2005)