Is a plaintiff entitled to double or increased costs because of an offer made before judgment?
Alberta, Canada
The following excerpt is from Cador v. Chichak, 1998 ABQB 881 (CanLII):
Should she have double or increased costs because of the offer made before judgment? In my opinion, she should. The rule may in fact be subject to some criticism: (See Marshall v. Butt, (supra).) It is nonetheless the rule and, in my opinion, it is a salutary one and should not be avoided in family law matters. The sanction for failing to accept a good offer should be available, and it is helpful in avoiding useless or protracted litigation. I see no reason to depart from the rule in this case.
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