Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care?

In Oh v. Usher, 2009 BCSC 1888, Mr. Justice Cullen (as he then was) did not allow a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care, on the grounds that there was some evidence to support the plaintiff’s associated claim that the real estate agent had failed to fulfill his specific contractual duties to provide certain building materials. Cullen J. did not address whether the lack of expert evidence was fatal to the plaintiff’s case, since the existence of evidence which could support the contractual claim defeated the no evidence motion:

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.