Can a party who is not otherwise entitled to costs still recover costs if their offer to settle is better than the result of the trial?
British Columbia, Canada
The following excerpt is from H.K. v W.K, 2018 BCSC 1447 (CanLII):
The cases are somewhat inconsistent about whether a party who is not otherwise entitled to costs may, nevertheless, be entitled to costs if their offer to settle is better than the result the other party obtained at trial. I am satisfied that double costs cannot be ordered if regular costs are not first awarded, but that a party who was not substantially successful at trial can still recover costs under Rule 11-1(5)(d) if the offer the party made was better than the result the other party obtained at trial: see Paul at para. 29 and Judge v. Judge, 2015 BCSC 2240 at para. 14.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party entitled to double costs for refusing to accept an offer to settle that should have been accepted? (British Columbia, Canada)
Is an offer to settle providing that each party bears its own costs an offer under Rule 37A? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
What is a reasonable time for an offer to be made at trial if an offer is not made within a specific time from the start of trial? (British Columbia, Canada)
Is security for costs of an appeal cost more readily than security for trial costs? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
Is a plaintiff entitled to double costs under Rule 37 of the Rules of Civil Procedure if it makes a single offer to settle two separate actions? (British Columbia, Canada)
What is the legal test for a successful party to recover costs from the successful party? (British Columbia, Canada)
Can a pre-trial offer to settle a matrimonial matter be considered in the context of costs? (British Columbia, Canada)
Is a defendant entitled to double costs for failing to respond to an offer to settle a claim? (British Columbia, Canada)
