Can an application to dismiss be brought at any stage of a civil proceeding?
British Columbia, Canada
The following excerpt is from Wong v. AA Property Management Ltd., 2013 BCSC 1551 (CanLII):
I do not agree with the plaintiff’s position on this issue. Rule 9 - 5 (1) specifically states that an application to dismiss may be brought. “At any stage of a proceeding . . . . “ which I understand can be at any time until judgment is entered. I am referred to the decision of Madam Justice Fenlon in Hundal v. Border Carrier Ltd. 2011 BCSC 1703 in which the learned Justice granted an order under Rule 9 - 5 (1) on the first day of trial and the lack of any authority in our Rules or decisions of our courts prohibiting an application under Rule 9 - 5 (1) upon the filing of a response to civil claim.
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