Can Rule 37B(5) of the BC SPCA Rules apply to a plaintiff who has made an offer to settle his case?
British Columbia, Canada
The following excerpt is from A.E. v. D.W.J., 2009 BCSC 505 (CanLII):
Rule 37B(5) sets out the cost options in a proceeding in which an offer to settle has been made. In BCSPCA v. Baker, 2008 BCSC 947, Mr. Justice Preston at para. 15 concluded that subrule (5) was permissive and empowered the court to make either type of order mentioned in the subrule. He noted that by necessary implication, it contemplated that the court may make an order that denies one of the two forms of relief set out in the subrule. He did not suggest that the court could make a different form of order.
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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