What is the legal basis for a motion to dismiss an application for common law relief?
British Columbia, Canada
The following excerpt is from Zecher v. Josh, 2011 BCSC 311 (CanLII):
While the defendants’ application for this particular relief was dismissed, I will grant leave to pursue this same relief upon the filing a second notice of application which sets out in greater particularity the factual and legal basis for the relief sought, including reference to any common law authorities. This leave is granted as the court should be cautious in dismissing an application on what might be perceived as technical and opposed to substantive grounds: Chapman v. Magee 2009 BCSC 2674.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a preliminary application to dismiss be dismissed on the basis of contemporaneous documentary evidence? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
What is the test for an application for a stay of execution of a motion for a motion to quash a motion of appeal? (British Columbia, Canada)
What is the test for standing in a motion to dismiss an application to dismiss the claim? (British Columbia, Canada)
What is the legal test for a motion to stay the dismissal of a claim against ICBC? (British Columbia, Canada)
In what circumstances will the Court of Justice Huddart refuse to grant relief to a party who is seeking to set up his own fraud as a basis for relief? (British Columbia, Canada)
Can an application be brought to dismiss an application under s. 27(1)(c) of the Rules of Civil Procedure Act? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
What is the test for a motion to dismiss a motion for personal injury? (British Columbia, Canada)
What is the legal test to dismiss an application under s.25(6) of the Criminal Code of Scotland for want of prosecution? (British Columbia, Canada)
