COURT OF APPEAL FOR BRITISH COLUMBIA
Citation: Nourifard v. Emadzadeh, 2024 BCCA 240
Date | 2024/06/26 |
Docket: | CA49462 |
Between:
Saeid Nourifard | Appellant(Plaintiff)
And
Navid Emadzadeh and Novarc Technologies Inc. | Respondents (Defendants)
Before:
- The Honourable Mr. Justice Willcock
- The Honourable Mr. Justice Abrioux
- The Honourable Madam Justice DeWitt-Van Oosten
On appeal from: An order of the Supreme Court of British Columbia, dated
November 3, 2023 (Nourifard v. Emadzadeh, 2023 BCSC 1940,
Vancouver Docket S201132).
Summary:
This is an appeal from the dismissal of the appellant’s action pursuant to R. 9‑6 of the Supreme Court Civil Rules on the basis that his claims were barred by the provisions of the Limitation Act. On appeal, the appellant raises numerous arguments, some of which are new. He contends, among other things, that it was not plain and obvious his claims were statute‑barred given conflicts in the evidence and that, therefore, the chambers judge erred in dismissing his claims pursuant to R. 9‑6. Held: Appeal allowed. There was a genuine issue bearing on the critical question to be answered. That issue could not be appropriately addressed on a R. 9‑6 application as its resolution required a weighing of the evidence. In resolving the application, the chambers judge placed inappropriate weight on a passage inconsistent with this Court’s R. 9‑6 jurisprudence.