Can an application to dismiss on an interlocutory application be dismissed?
British Columbia, Canada
The following excerpt is from Rastad Construction Ltd. v. BC Transportation Financing Authority, 2021 BCPC 121 (CanLII):
This sub-rule provides jurisdiction to grant an application to dismiss on an interlocutory application (Forsythe v. British Columbia (Attorney General), 2019 BCPC 129 at paragraphs 127-128).
A claim may be summarily dismissed in advance of the trial if the judge is of the opinion that it is without reasonable grounds, discloses no triable issue, or is frivolous or an abuse of the court’s process – Rule 7(14)(i): Lura v. Jazz Forest Products (2004) 2014 BCPC 14 at para 7.
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