Is Rule 37B of the Rules on costs and offers to settle enforceable?
British Columbia, Canada
The following excerpt is from Payne v. Lore, 2010 BCSC 1313 (CanLII):
In Bailey v. Jones, Hinkson J. (as he then was) noted that Rule 37B "...brought about the reversion from a strict code to a reliance on judicial discretion..." with respect to costs and offers to settle. Further, it was noted that the discretion is unfettered. Of course, that discretion must be exercised judicially.
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