What is the legal test for dismissing a claim or determining a point of law?

British Columbia, Canada


The following excerpt is from Jamani v. Encore Promotions Ltd. et al., 2005 BCSC 1211 (CanLII):

As well, I have considered a line of cases going back to Belanger v. AT&T Canada Inc., [1994] B.C.J. No. 2792 where the court noted the two courses that may be taken either at settlement conference under Rule 7 of the Small Claims Rules, or Rule 16 which provides for a specific application to be made before a judge. It was noted Rule 16(6) did not specifically authorize an application for an order dismissing a claim or determining a point of law. Rule 16(6)(o) does provide a judge may make “any other order that a judge has the power to make and notice of which is served on the other party”.

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