Can an application under Rule 9-5(d) be dismissed as an abuse of process?

Evidence may be considered on an application under Rule 9-5(d) to dismiss a claim as an abuse of process: Chapman v. Canada; Westwick v. Canada, 2003 BCCA 665.

It may be appropriate to dismiss an interlocutory application on a question of standing, so as to permit the issue to be considered on the evidence at trial. Whether the question of standing should be addressed at the preliminary stage depends on the nature of the issues raised and whether the court has sufficient material before it, in the way of allegations of fact, considerations of law, and argument, for a proper understanding of the nature of the interest asserted: Finlay v. Canada (Minister of Finance), 1986 CanLII 6 (SCC), [1986] 2 S.C.R. 607 at p. 617.