What is the impact of reasonable settlement offers and the response of the litigants to settlement offers?

British Columbia, Canada


The following excerpt is from Hudyma v. Hudyma, 2010 BCSC 449 (CanLII):

Costs are ordered, in part, to encourage settlement. Reasonable settlement offers and the response such offers ought to have elicited should therefore be considered. In part, costs are ordered in favour of successful litigants so that major parts of their victories are not “gobbled up by litigation expense”: Glase v. Glase, 2008 BCSC 887 at para. 6. The ultimate result should therefore also be weighed in the mix.

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