What is the test for using Rule 25(4)(b) in an application to dismiss?
British Columbia, Canada
The following excerpt is from Prasad v. Sunwood Drugs and others (No. 2), 2011 BCHRT 192 (CanLII):
As stated in Wells v. Quest Outreach Society and another (No. 2), 2010 BCHRT 80: The rationale behind [Rule 25(4)(b)] is obvious. Once an application to dismiss has been filed, it would generally be unfair to add additional allegations which the respondent applicant would not have addressed in the application, and which would, therefore, necessitate a further application. It is not a question of using the correct form, but of not working an unfairness on respondents. (para. 9)
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