Is an offer to settle an action under Rule 9-1(5)(b) of the Rules of Civil Procedure available to a litigant?
British Columbia, Canada
The following excerpt is from Sidhu v Alton, 2021 BCSC 265 (CanLII):
Rule 9-1(4) of the Rules provides that the court may consider an offer to settle when exercising its discretion in relation to costs. In a proceeding in which an offer to settle has been made, Rule 9-1(5)(b) allows the court to award double costs of all or some of the steps taken in the proceeding after the date of delivery or service of the offer to settle. Such an award is a punitive measure against a litigant for their failure to accept an offer to settle that, in all of the circumstances, should have been accepted: Hartshorne v. Hartshorne, 2011 BCCA 29 at para. 25.
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