The defendants did not urge upon us any outcome other than dismissal of the claims made against them in their entirety. They did not seek to address the jurisprudence to the effect that the rule that is now Rule 12‑5(4) only contemplates a dismissal of the action in its entirety (in particular Oh, and Davies v. Pedersen, 2003 BCSC 949) or seek an order dismissing the distinct claims for breach of a partnership agreement, unjust enrichment, breach of a duty of trust or fraudulent misrepresentation. Nor did the trial judge consider whether certain claims only might be dismissed on a no evidence motion. In the circumstances, I am of the view that we ought not to address the question whether those specific claims might have withstood such a motion.
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