Rule 9-6(4) allows a defendant, after serving a response to civil claim, to apply to dismiss a claim summarily on the basis that it does not disclose a genuine issue for trial. It is a challenge on a limited review of evidence. A defendant can succeed in an application by showing the case as pleaded is unsound. It may also adduce evidence that provides a complete answer to the case as pled. If the court is satisfied the plaintiff is bound to lose or has no chance of success, the defendant’s Rule 9-6(4) application must succeed. However, if the defendant’s evidence fails to meet all the causes of action raised in the notice of civil claim, the application must be dismissed: Beach Estate v. Beach, 2019 BCCA 277 at para. 48.
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