Can a claim that is statute barred be dismissed pursuant to Rule 9-6(4)?
British Columbia, Canada
The following excerpt is from Fidler v. Burns Lake (Village), 2013 BCSC 921 (CanLII):
In Sime v. Jupp, 2009 BCSC 1154, a claim that was statute barred was dismissed pursuant to now Rule 9-6(4) because the relevant facts were clear on the issue of postponement. It was not however held to be a question of law.
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