British Columbia, Canada
The following excerpt is from Laidar Holdings Ltd. v. Lindt & Sprungli (Canada) Inc., 2015 BCSC 845 (CanLII):
In my view, there is some evidence that the defendant, Stadium, has breached the contract which it had with the plaintiff if, as she asserts, there was a failure to install granite countertops throughout, if there was an understanding between the parties as to what was meant by the installation of hardwood, and if there was a failure to fully or properly fence the property as called for by the contract …While there may be no evidence of some of what the plaintiff claims to be breached, it is clear that Rule 40(8) only contemplates a dismissal of the action in its entirety. It does not apply to one of several claims in an action; see Davies v. Pedersen, 2003 BCSC 949.
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