What is the test for a motion to dismiss an application under Rule 18A?

British Columbia, Canada


The following excerpt is from Ekins v. Davey, 2007 BCSC 1630 (CanLII):

The defendants bring this application under Rule 18A(8) for an order that liability in this action is unsuitable for determination under Rule 18A. Under sub-rule (8), the court may dismiss an application when it will not assist in the effective resolution of the proceedings, or when the issues are not suitable for disposition under Rule 18A. For the following reasons, I grant the defendants' application. They have met the onus of establishing prima facie that it is clear that this action is unsuitable for Rule 18A: see Westwood Plateau Partnership v. Sentinel Homes Ltd., [1996] B.C.J. No. 3187 (B.C.S.C.).

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