What is the impact of hindsight analysis when assessing whether an offer to settle was reasonably accepted?
British Columbia, Canada
The following excerpt is from McIsaac v. Healthy Body Services Inc., 2010 BCSC 1033 (CanLII):
A hindsight analysis is not appropriate when considering whether an offer to settle ought reasonably to have been accepted: Bailey v. Jang at para. 24. The reasonableness of the plaintiff’s refusal to accept the defendant’s offers must be assessed by reference to what he knew, or ought to have known during the time the offers were open for acceptance.
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