Can a court refuse to consider the terms of a formal offer in determining costs?
British Columbia, Canada
The following excerpt is from Aujla v. Sohal, 2013 BCSC 2452 (CanLII):
In Wong-Lai v. Ong, [2012 BCSC 1569], a decision of Sewell J., His Lordship considers the provisions of Rule 9-1 and notes that the Rules give the court discretion to refuse to consider the terms of a formal offer in deciding costs, if it considers the offer was one that the plaintiff could reasonably refuse. He notes that the policy underlying the Rules is to encourage the settlement of disputes by rewarding the party who makes a reasonable offer and penalizing the party who declines to accept such an offer.
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