Can a court order costs to a defendant where an offer of settlement is in excess of the judgment?
British Columbia, Canada
The following excerpt is from A.E. v. D.W.J., 2009 BCSC 505 (CanLII):
In Arnold v. Cartwright Estate, 2008 BCSC 1575, 86 B.C.L.R. (4th) 99, the court held at paras. 15-16 that it was implied in Rule 37B(5) that the court could order costs to a defendant where an offer to settle was in an amount greater than the judgment:
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