What is the legal basis for a motion to dismiss an application for common law relief?

British Columbia, Canada


The following excerpt is from Zecher v. Josh, 2011 BCSC 311 (CanLII):

While the defendants’ application for this particular relief was dismissed, I will grant leave to pursue this same relief upon the filing a second notice of application which sets out in greater particularity the factual and legal basis for the relief sought, including reference to any common law authorities. This leave is granted as the court should be cautious in dismissing an application on what might be perceived as technical and opposed to substantive grounds: Chapman v. Magee 2009 BCSC 2674.

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