Does the service of a formal offer to settle and the failure of the defence to consent to having the matter proceed by way of Rule 66 constitute "special circumstances" sufficient to require special costs?
British Columbia, Canada
The following excerpt is from Lee v. Gill, 2003 BCSC 195 (CanLII):
In Mann v. Klassen et al, Ross J. refused to order double costs. The service of a formal offer to settle and the failure of the defence to consent to having the matter proceed by way of Rule 66, thus necessitating an order, did not constitute "special circumstances" justifying an award of special costs.
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