The motion for disposition asks for an order that paragraph 17 of the Statement of Claim “insofar as it pertains to allegations of intentional infliction of mental suffering and negligence, be struck”. The motion seeks, as alternative relief, “an order that the claim, insofar as it pertains to causes of action which are barred due to the expiry of the applicable statutory limitation period, be dismissed”. In both instances, the defendant relies upon Rule 19(24) as authority for the relief sought. Applications under Rule 19(24)(a) are decided on the assumption that the allegations in the Statement of Claim are true and evidence is not admissible on the application (Morriss v. British Columbia, 2001 BCCA 344). Applications under Rule 19 (24)(b) and (c) may be decided on the basis of affidavit evidence.
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