Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act?
British Columbia, Canada
The following excerpt is from Azagrar v. Shaw Pet Hospitals and Shaw (No. 2), 2006 BCHRT 182 (CanLII):
In my view, it may be appropriate to waive the time limits if the application goes to an issue of jurisdiction, for example an application under s. 27(1)(a) or (g) and even occasionally under s. 27(1)(b). In this case, where the application is under s. 27(1)(c), I do not believe it is appropriate to waive the time limits to bring an application to dismiss. (See Arcangeli v. Edible Planet Catering, 2006 BCHRT 175 for a discussion on this issue.)
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