If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs?
Ontario, Canada
The following excerpt is from Anthony v. Zajaczkowska, 2016 ONCJ 305 (CanLII):
[32] Further, if a successful party has behaved unreasonably “in relation to the issues from the time they arose (Rule 24(5),” then pursuant to Rule 24(4), they may be “deprived of all or part of the [their]costs or ordered to pay all or part of the unsuccessful party’s costs.” Behaviour under Rule 24(5) is not restricted to behaviour associated with offers to settle. See Family Law Rules, Rule 24(4), (5) and 11(b); Lawson v. Lawson, 2004 CarswellOnt 3154 (S.C.J.), para. 44.
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